THE 


WITH     ITS 


AMENDMEITS 


AND     THE 


OP     THE 


CITY  OF  MIDDLETOWN, 


TOGBTHEa      WITH 


SUCH  OTHER  LAWS  OF  THE  STATE  AS  RELATE  TO  CITIES. 


COMPILED  ASB  PUBLISHED  BY  AUTHORITY  OP  THE  CITY  GOVERNMENT. 


HVibblctonm : 

PRESS  OF  WILLIAM  J.  8TABB. 
1857. 


CONTENTS. 


PART  I,  SPECIAL  ACTS. 
PART  II.  GENERAL  ACTS. 

CITY  ORDINANCES. 

BYLAW  I.        MAYOR,  AND  COMMON  COUNCIL. 
BY-LAW  II.       POLICE. 

BY-LAW  III.     TAXES,  REVENUES,  AND  EXPENDITURES. 
BY-LAW  IV.     FIRES. 

BY-LAW  V.       PUBLIC  GROUNDS  AJTD  STREETS. 
BY-LAW  VI.     HEALTH. 
BY-LAW  VII.  REPBAL  or  TORM,  BY-LAWS. 
INDBX. 


2012427 


To  the  Freemen  of  the  City  of  Middletown. 


You  have  herewith  presented  to  you  the  Charter  of  the  City  of  Middletown, 
with  the  Amendments  and  Additions  thereto,  and  the  Public  Acts  relating  to 
cities,  together  with  the  entire  code  of  By-laws,  the  whole  arranged  for  easy 
reference  by  suitable  marginal  notes  followed  by  a  copious  index. 

The  City  of  Middletown  received  its  first  charter  as  early  as  A.  D.  1784. — 
From  that  time  to  1821,  several  acts  additional  or  amendatory  to  the  charter 
were  passed,  when  the  whole  were  revised,  the  revision  being  made  alike  appli- 
cable to  the  cities  of  Hartford,  New  Haven,  New  London  and  Middletown. 

From  1821  to  1856,  several  amendments  were  made  to  the  revised  charter, 
the  most  important  of  which  were  the  substitution  of  a  Recorder  in  the  place  of 
the  Mayor  as  presiding  judge  of  the  City  Court,  and  the  clothing  of  the  Mayor 
with  additional  executive  powers. 

A  leading  feature  in  all  city  charters  is  the  power  conferred  to  enact  by-laws 
on  particular  subjects,  which  when  properly  done,  have  all  the  force  of  statutes 
emanating  from  the  charter  making  power. 

Pursuant  to  the  power  thus  given,  laws  or  ordinances  of  this  character  were 
OTacted  by  the  city  at  various  times  during  the  entire  period  from  1784  to  1856, 
but  during  that  period  no  very  perfect,  well  digested  code  had  been  formed, 
Such  by  laws  as  were  enacted,  were  published  doubtless  as  required  in  the  pa- 
pers of  the  city,  at  the  time  of  their  enactment,  and  one  or  more  attempts  were 
made  to  put  them  in  pamphlet  lorm. 

Under  these  circumstances,  it  was  not  easy  to  arrive  at  a  correct  knowledge 
of  our  municipal  regulations,  and  as  laws  to  be  obeyed  must  be  known,  and  as 
it  is  the  duty  of  those  in  authority  to  afford  all  reasonable  facilities  for  such 
knowledge,  the  necessity  for  a  revision  and  republication  in  proper  form  was  ap- 
parent. 

The  subject  was  brought  to  the  attention  of  the  city  government  early  last 
year,  but  before  any  action  could  with  propriety  betaken,  it  was  proper  that 
existing  defects,  of  which  it  was  evident  there  were  several  in  the  charter,  should 
first  be  corrected. 

A  revision  of  the  charter  was  accordingly  ordered  and  accomplished,  and  after 
passing  the  Municipal  Board  was  submitted  for  your  approval,  which  for  want 
of  time  and  other  causes,  it  failed  to  receive  as  a  whole,  but  instead  thereof, 
several  of  its  more  important  sections  were  adopted,  with  some  modifications, 
and  on  application  to  the  Legislature  received  the  sanction  of  that  body,  and 
became  on  your  acceptance,  an  integral  part  of  the  txibtii'g  charter  ol  the 
city  on  the  4iL  day  of  January,  last , 


INTRODUCTION. 

The  present  Common  Council,  soon  after  entering'upon  their  duties,  resumed 
the  work  which  their  predecessors  had  commenced,  and  early, in  the  season  di- 
rected the  collation  of  the  charter  and  its  amendments  together  with  the  pub- 
lic acts  relating  to  cities  in  a  suitable  form  for  publication.  They  also  directed 
the  revision  of  the  entire  code  of  by-laws. 

The  by-laws  thus  revised,  after  receiving  the  approval  of  the  Common  Coun- 
cil, received  also  your  approval,  and  were  thus  duly  enacted  on  the  13th  day  o* 
October  last.  In  comparing  them  with  the  by-laws  previously  in  force,  it  will 
be  seen  that  several  of  the  latter  have  been  omitted  as  useless  ;  others  have 
been  amended  or  altered,  and  several  new  ones  have  been  added  to  meet  the 
increased  wants  of  the  city.  In  making  the  revision  it  was  the  aim  to  include 
only  such  provisions,  as  were  calculated  to  promote  the  best  good  of  those  who 
were  to  come  under  their  influence. 

The  code  as  a  whole,  is  not  claimed  to  be  perfect,  but  is  believed  to  be  an  im_ 
provement  on  the  one  for  which  it  has  been  substituted.  The  acts  and  proceed- 
ings of  the  City  Corporation  and  its  Officers,  in  order  to  be  creditable  and  effec- 
tive, must  be  in  accordance  with  the  powers  possessed  under  the  charter  and  the 
rules  or  ordinances  established  under  its  authority,  and  it  should  not  be  forgot- 
ten that  however  good  and  wholesome  the  regulations  adopted  may  be,  their 
qualities  in  this  respect  will  be  of  no  avail  unless  understood  and  enforced. — 
The  present  publication  will  bring  them  to  the  knowledge  of  all  disposed  to  be- 
come acquainted  with  them,  and  it  is  to  be  hoped  that  such  an  increase 
of  interest  in  whatever  pertains  to  the  welfare  and  prosperity  of  the 
city  will  hereafter  be  manifested  as  will  ensure  their  enforcement. 

The  concluding  by-law  repeals  all  previous  by-laws,  so  that  no  occasion  can 
exist  for  exploring  records  for  laws  of  that  character,  which  may  have  been 
enacted  at  any  previous  time. 

By  order  of  the  Common  Council,  ^ 

EDWIN  F.  JOHNSON,  Mayor. 
CITY  OF  MIDDLETOWX,  December  IStb,  1857. 


STATE   ACTS. 


PART  I. 


SPECIAL  ACTS  OR  THOSE  ACTS  AND  PORTIONS  OF  ACTS  WHICH  RELATE 

PARTICULARLY   TO   THE    CirY    OF    MlDDLETOWX. 


An  Act  incorporating  the  Cities  of  Hartford,  New  Haven,  New 
London,  Norwich,  and  Middletown. 

May,  1784. 

[This  Act  has  been  superseded  by  that  of  1821  or  has  other- 
wise become  obsolete,  with  the  exception  of  one  clause  in  Sec. 
36,  which  is  still  in  force,]  as  follows  : 

*     *     *         *     Such  record  [the  record  of  the  clerk's  kcinoCierkma  mak 
chosen  and  sworn,]  may  be   made  by   clerks  hereafter  chosen, record   of  ifia 
of  their  being  chosen  and  sworn,  and  shall  be  good  and  en'ectual,election. 
any  thing  in  this  act  to  the  contrary  notwithstanding. 


Resolve  establishing  a  Fire  Engine  Company  in  the  City  of 
Middletown. 

May,  1803. 

Resolved  by  this  Assembly,  That   full   power  be,    and   is  here- 
by granted  to  the  mayor,  aldermen  and  common  council  [coun- 
cilmen]  in  and  for  said  city  to  cause  to  be   raised,    established,^™ engine 
and  organized  within  the  limits  thereof,  a  fire  engine  compan 
to  consist  of  any  numbers   of  said  inhabitants   not   exceedingly, 
twenty,  and  to  exempt  them  from  military  duties  for  and  dur- 
ing the  time  they  shall  actually  serve  therein. 


2       Additional  Fire  Company.     CHARTER.      Side-walks. 

Additional  Act,  authorizing  a  second  Fire  Engine  Company  of 
sixteen  men. 

October,  1810. 

Be  it  enacted  by  tlie  Governor  and  Council  and  House  of  Represen- 
tatives in  General  Court  assembled,  That  power  and  authority  be, 
and  hereby  is  granted,  to  the  court  of  common  council,  [the  corn- 
Fire  engine      mon  council,]  for  the  city  of  Middletown,    at   their   annual  or 
teen!""^0       other  legal  meetings,  to  nominate  and  appoint   an    additional 
company,  to  consist  of  sixteen  men,  living  within  the  limits  of 
said  city,  as  firemen  ;  and  that  upon  such  nomination  and  ap- 
pointment, the  persons  designated  by  said  court,  [said  common 
council,]  shall  be  exempted  from  military  duty,  for  and  during 
the  time  they  shall  actually  serve  in  said  capacity. 


Additional  Act  authorizing  the  Court  of  Common  Council  to  es- 
tablish Side-Walks. 

May,  1811. 

SEC.  1.     Beit  enacted  by  the  Governor  and  Council  and  House  of 

Represtnatives  in  General  Court    assembled,  That    the  court     of 

common  council  [the  common  council,]  of  the  city  of  Middle- 

Common  Coun-town,  be,  and  they  hereby  are  authorized  and  empowered,  from 

t 


>  as  public  convenient  may  require,  to  designate 
.and  fix  the  width,  course,  height  and  level  of  side-walks,  in  and 
upon  the  streets  and  highways  in  said  city. 

SEC.  2.  For  the  purpose  of  rendering  such  side-walks  con- 
venient, said  court  of  common  council  [said  common  council,] 
(a)  see  Act  ofmay  from  time  to  time,  give  orderfa)  to  the  proprietor  or  pro- 
1835,  Sec.  1.  etors  of  the  lands  and  buildings  fronting  on  such  side-walks,  at 
May  order  pro-^ie^r  own  expense,  to  level  or  raise  the  same  on  their  several 
prietorstomakefronts,  according  to  the  width,  course,  height  and  level  designa- 
tlftrWalkS  at  ted  as  aforesaid  ;  and  also,  to  pave  or  to  flag,  and  to  protect  by 
pense.  posts  or  otherwise,  and  to  improve  in  such  manner  as  said  court 

of  common  council  [said  common  council,]  shall  direct,  any  side- 
walk in  said  city,  as  well  those  which  have  been  heretofore  de- 
signated by  said  court  of  common-council,  [said  common  council,] 
in  pursuance  of  the  by-laws  of  said  city,  as  those  which  shall 
hereafter  be  designated  in  pursuance  of  this  act.  And  said 
-  c<H«$of  common  council  [&aid  common  council,]  may  limit  such 
time  as  they  may  deem  reasonable,  for  leveling  or  raising,  and 
for  paving,  flagging  and  improving  such  side-walks.  And  in 
cases  where  the  land  or  buildings  fronting  on  such  side-walk, 
shall  be  holdcn  for  a  term  of  years,  or  any  other  estate  less  than 
fee  simple,  said  court  of  common  council  [said  common  council,] 
may  by  their  order,  apportion  in  such  manner  as  they  shall  judge 
right,  the  expense  of  raising  or  leveling,  paving,  flagging  or  im- 


Sidewalks. CHARTER. How  ordered.          3 

proving  such  side-walk,    among  the  different  persons  having  anMay  apportion 
interest  in  the  lands  or  buildings,  holden  as  aforesaid.  expenses. 

SEC.  3.     If  any  proprietor  or  proprietors  shall  neglect  (a)tolev-(a)  8ee  Act  of 
el  or  raise,  or  to  pave,   flag  or  improve  any  such  side-walk,  inl«35(  Sec.  2. 
such  manner,  and  within  such  time  as  said  court  of  common 
council  [said   common   council,]  may   direct  and  limit ;  said 
court  of  common  council  [said  common  council,]  may,  in  such 
case,  appoint  and  employ  some  meet  person  to  raise  and  level, 
and  to  pave,  flag,  or  improve  such  side-walk,  on  the  front  of  the 
proprietor  or  proprietors  neglecting  as  aforesaid  ;  and  may  ad- 
just and  liquidate  the  expense  thereof,  and  order  the  same  to 
be  paid  by  the  proprietor  or  proprietors  neglecting  as  aforesaid, proceedings  in 
and  appoint  a  collector  or  collectors,  to  collect  of  each  proprie-case  °f  neglect, 
tor  the  sum  or  sums  respectively  ordered  to  be  paid  as  aforesaid, 
and  pay  the  same  within  such  time  as  said  court  of  common 
council  [said  common  council,]  shall  limit,  and  to  such  person  , 

as  they  shall  appoint  to  receive  the  same,  for  the  purpose  of  de- 
fraying such  expense  ;  and  said  court  of  common  council  [said 
common  council,]  shall  cause  such   collector    duly  to   account 
therefor  ;  and  the  mayor  or  one  of  the   aldermen   of  said  city, 
shall  issue  a  warrant  (b)  of  distress  to  such  collector,  authorizing(6)  see  Act  of 
him  to  collect  of  such  proprietor  or  proprietors  respectively,1835' &ec-  3- 
the  sums  ordered  to  be  paid  as  aforesaid  ;  and  every  such  col- 
lector shall  have  the  same  powers,  proceed  in  the  same   man- 
ner, and  be  under  the  same  regulations,  as   the  law  prescribes 
in  case  of  collectors  of  public  taxes. 

SEC.  4.     When  any  side-walk  shall  cross  a  street  or  highway, 
said    court    of  common  council   [said  common  council,]   m  ay  Side-  walks  cros- 
cause  the  same,  in  such  place,  to  be  suitably  leveled,  or  raised,sin£  8treets- 
and  paved  or  flagged  at  the  expense  of  said"  city. 

SEC.  5.     If  any  person  or  persons  shall  be  aggrieved  by  the 
doings  of  the  common  council,  under  this  act,    such   person  or 
persons  may  prefer  his,  her,  or  their  complaint  to  the  next  coun-jfode  of  redress- 
ty  court,  (c)  in    the  county  of  Middlesex  against  said  city,  byini,  grievances, 
causing  a  copy  of  such  complaint  to  be  left  with  the  clerk  of  said 

city,  at  least  twelve  days  before  the  sitting  of  said  court  ;  and^  ?upDrivK 
•t       '3  i         •          t         i  i    •    i      i     11  i         K  oooii,   "ublic 

it  said  court,  on  hearing  of  such  complaint,  shall  be  of  op  in  ion  Acts  of  1855, 

that  any  part,  or  the  whole  of  the  expense,  ordered  to  be  paid  byPa8e  29- 
such  person,  ought  to  be  borne  by  said  city,  said  court  shall  or- 
derand  direct  that  such  complainant  or  complainants  be  relieved 
from  the  payment  of  such  part,  or  from  the  whole  of  such  ex- 
pense, as  to  them  may  appear  just  and  equitable  ;  and  shall  or- 
der that  the  expense  for  which  relief  shall  be  granted  as  afore- 
said, be  paid  by  said  city  ;  and  if  it  shall  appear  on  such  hear- 
ing, that  such  complainant  or  conmlai'-ants  have  actually  paid 
any  sum  or  sums  of  money,  in  consequence  of  any  order  made 
by  said  court  of  common  council  [said  common  council,]  as  afore- 
said, which  ought  to  be  refunded  ;  said  county  [superior,] court 
may  grant  execution  in  favor  of  such  complainant  or  complain- 
ants against  said  city,  for  ^aid  sum  or  sums. 


4         Elections.  CHARTER.  Manner  of  Voting:. 

An  Act  incorporating  the  Cities  of  Hartford,  New  Haven,  New 
London,  Norwich  and  Middletown. 

May,  1821. 

SEC.  1.  [The  portion  which  relates  to  the  City  of  Middle- 
town  is  superseded  by  the  1st  and  2nd  sections  of  the  Act  of 
1856.] 

SEC.  2.  [Relates  to  the  City  of  Hartford.] 
SEC.  3.  [The  first  part  of  this  section  refers  to  the  an- 
nual meeting  and  to  the  election  of  officers.  The  last  sentence 
of  the  section  refers  to  the  length  of  office.  Both  are  rendered 
unnecessary  by  Sec.  3.  of  Act  of  1856.  The  remainder  of  the 
section  gives  the  mode  of  voting  and  defines  the  duties  and 
powers  of  the  clerk  and  treasurer.] 

Mode  of  voting  ^hich  ballot  [containing  the  names  of  the  officers  to  be  voted 
for]  shall  be  rolled  up,  and,  in  presence  of  the  mayor  and  alder- 
men, present  at  such  meeting,  put,  by  the  person  giving  the 
same,  into  a  box,  which  each  city  shall  provide  for  that  pur- 
pose ;  which  shall  be  a  close  box,  with  an  aperture  in  the  lid, 
of  a  convenient  size,  through  which  to  put  in  the  ballot  ;  and 
when  the  freemen  present  at  any  meeting,  shall  have  had  rea- 

(a)  See  Act  ofsonable  (a)  time  to  give  in  their  ballots,  either  of  the  sheriffs  of  the 

1854,  Sec.  2.  city,  or  in  their  absence,  the  junior  alderman  present,  in  pres- 
ence of  the  mayor  and  aldermen,  or  such  of  them  as  are  present 
at  such  meeting,  shall  open  the  said  box,  and  the  mayor  and  al- 
dermen, or  such  of  them  as  are  present,  shall  open,  sort  and 

(6)  see  Act  ofcount  the  ballots,  and  the  person  who  shall  have  a  (b)  majority  of 

1856,  Sec.  3.  the  ballots  given  in,  shall,  by  the  sheriffs,  or  in  their  absence, 
by  the  junior  alderman  present,  be  declared  to  be  elected  ;  and 
no  ballot  shall  be  received  after  the  box  shall  have  been  opened. 

C1  k  Each  of  said  cities  shall  choose  a  clerk,   who   shall  make  true 

and  regular  entries  of  all  the  votes  and  proceedings  of  the  city  ; 
and  the  records,  by  him  kept,  shall  have  the  same  validity  as 

Treasurer  *^e  recor(ls  °f  town  clerks  ;  and  shall  also  choose  a  treasurer 
for  each  city,  to  continue  in  office  during  pleasure,  who  shall 
have  the  same  power  and  authority  as  town  treasurers,  and 
shall  be  accountable  to  the  city  appointing  him. 

SEC.  4.     Every  person,  who  shall  have  dwelt  one  year  in  any 

Qualifications  of0f  said  cities,  shall  be  deemed  an  inhabitant  of  such  city,  so  far 
only  as  to  give  him  a  right  to  vote  in  the  meetings  of  such 
city,  so  long  as  he  shall  continue  afterwards  to  dwell  there- 
in ;  provided  such  person  shall  have  the  other  qualifications 
required  by  law,  to  entitle  him  to  vote  in  such  meeting.  No 
person  .shall  be  entitled  to  vote  in  any  meeting  of  said  cities, 
until  he  shall  have  dwelt  therein  one  year,  unless  he  be  a  le- 
gally settled  inhabitant  of  the  town  in  which  such  city  is, 
and  an  elector  of  the  state,  dwelling  in  such  city.  And  if 
any  person  not  qualified  according  to  law,  shall  vote  at  any 
city  meeting,  in  any  of  said  cities,  or  being  so  qualified,  shall, 


Freedom.     Taxes. CHARTER. Sheriffs 5 

in  any   such   meeting,  give  in  more  than  one  vote  at  a  ballot,penft]ty  for  vo. 
for  any  person,  to  the  same  office,  he  shall  forfeit  the  sum  ofting  illegally, 
seventeen  dollars  to  the  treasury  of  the-  state 

SEC.  ft.     And  .said  cities,  respectively,    shall  have   power  to 
grant  the  freedom  of  their  cities,  to  any  person  or  persons  liv- 
ing without  the  limits  of  the  same  ;  and  the   person  to  \vhomp        t 
such  freedom  is  granted,  shall,  upon  taking  the  oath  by  lawre-fr^om^Fcit- 
quired,  have  right  to  vote  at  any  of  the  elections,  and  in    anyies. 
city  meeting  in  that  city,  by  which  such  freedom  is  granted  : — 
Provided,  that  no  person  shall,  in  virtue  of  such  grant,  be  con- 
sidered as  entitled  to  the  rights  of  a  free  citizen  of  the  state,  or 
as  acquiring  a  right  of  inhabitancy  in  that  town,  in  which  the 
city  granting  such  freedom*  lies. 

SEC.  6.     [The  proviso  limiting  the  power  of  the  city  of  Hart- 
ford, is  omitted.]     Each  city,  in  legal  meeting  assembled,  shall  . 
have  po\ver  to  lay  taxes  on  the  polls  and  ratable  estates  with-cities  may  lay 
in  the  limits  of  the  city,   for  such   purposes   as  the   city  shalltaxes  and  ap- 
think  proper,  agreeably  to  the  privileges  granted  by  this  act  ;pomt  collector8  • 
and  to  choose  a  collector  or  collectors,  to  'collect  such  tax,  who, 
having  received  a  warrant   for   that  purpose,   signed   by  the 
mayor,  or  one  of  the  aldermen  of  said  city,  shall  have  the  same 
power  as  collectors  of  town  taxes,  and  shall  be  accountable  to 
the  mayor  and  aldermen,  in  the  same  manner  as  collectors  of 
town  taxes  are  to  the   selectmen  ;  and  in   case  any  collector 
shall  not  perform  his  trust,  then,  on  complaint  by   the    alder- 
men to  the  mayor  of  the  city,  he  shall  issue  his  warrant,  under 
his  hand,  directed  to  either  sheriff  of  said  city,  to  collect  out  of 
the  estate  of  the  negligent  collector,  the  sums  due  from  him. 

SEC.  7.     The  sheriffs  of  each  city  shall,  within  the  limits  of 
the  same,  have  the  same  power  and  authority  as  the  sheri 
of  the  counties,  and  shall  be  liable  to   the   same  penalties  and 
suits  for  neglect  of  duty ;  and  each  city  shall  be  liable  for  the 
default  of  their  sheriffs  in  their  offices.     And  said  sheriffs  shall 
severally  give  bonds,  with  .sureties,  in  such  manner,  as,  by  the 
by-laws  i)l' each  city,  shall  be  directed,  for  a  faithful  dischargeBonda. 
of  the  duties  of  their  office,  before  they  shall  be  capable  to  exe- 
cute the  same  ;  and  in  case  of  their  refusal,  or  either  of  them, 
the  city  may  appoint  others  in  their  room. 

SEC.  8     [The  times    of  holding  court  in  Hartford,    New  Ha- 
ven, New  London  and  Norwich  are  ommittcd.J     There  shall  beC].. 
holden  in  each  city,  in  every  month, a  city  court.     Such  courtwhen  to  be  hoi- 
shall  be  holden  in  Middletown,  on  the  second  Tuesday  :  whichden- 
courts  shall  have  power  to    adjourn  from    time  to  time,  and 
shall  have  cogni/ance  of  all  cases  wherein  the  titleof  land  is  not 
concerned,cogni/cable  by     county    [superior,]  court,  provided 
the  cause  of  action    arise  within  the  limits  of  said  cities,  andjuriadjctjon< 
one   or  both    the  parties  live    within  the  same  ;  and  of  any 
suit  or  action  that  may  be  commenced    by  the  president,  di- 
rectors, and  company  of  any  bank,  in  the  city  in  which  such 
bank  is  established,  on    any  writing    obligatory,    made  pay- 
able by  the  terms  of  it,  at,  and  endorsed  to  such  bank,  not  with- 


6          City  Court. CHARTKR. Appeals. 

standing  such  writing  may  have  been  executed,  drawn,  accept- 
ed or  endorsed,  without  the  limits  of  such  city.  And  said  city 
court  shall  have  the  same  power  and  authority,  and  shall  pro- 
Mode  of  procee(j  in  the  same  manner,  and  grant  executions,  as  county  [supe- 
rior] courts  now  or  hereafter  shall  have  power  to  proceed  and 
grant  ;  and  the  executions  granted  by  the  city  courts  shall  be 
served  and  returned  in  the  same  manner  as  executions  granted 
by  county  [superior]  courts.  And  an  appeal  shall  be  allowed 
to  either  party,  from  the  judgment  or  determination  of  said 
city  courts,  to  the  next  superior  court,  to  be  holden  in  the  coun- 
ty in  which  such  judgment  is  rendered,  in  all  cases  in  which 
an  appeal  is  now  or  shall  hereafter,' by  law,  be  allowed  from 
county  courts  :  but  if  judgment  is  rendered  in  favor  of  the  plain- 
tiff, he  may  apply  to  the  city  court,  at  the  term  when  such  judg- 
ment  shall  be  rendered,  and  if  he  can  satisfy  the  court  that 
such  appeal  is  taken  for  delay  only,  then  such  court  may,  at 
eir  discretion,  notwithstanding  such  appeal,  direct  execution 
plaintiff,  on  giv-to  issue  on  such  judgment,  for  the  debt,  or  damages  and  costs, 
iag  bond,  against  the  defendant  or  defendants,  and  the  plaintiff  may  levy 
the  said  execution,  and  collect  the  money  thereon  ;  provided, 
before  taking  out  execution,  he  becomes  bound,  with  two  suffi- 
cient sureties,  before  the  mayor  [recorder,]  of  the  said  city,  or 
one  of  the  judges  of  said  city  court,  in  a  recognizance,  (which 
recognizance  the  mayor  [recorder,]  of  each  city,  and  the  judg- 
es of  the  city  courts,  are  respectively  empowered  to  take,)  in 
double  the  sum  of  said  judgment,  that  he  will,  within  one  week 
after  final  judgment  on  the  appeal,  refund  so  much  of  the  judg- 
ment of  said  city  court,  as  shall  on  such  execution  be  collected, 
and  shall  not  by  him  be  reovered  before  the  court  to  which  the 
appeal  is  taken,  and  the  interest  thereof,  together  with  the  fees 
on  the  execution,  which  shall  accrue  and  be  paid  by  the  defend- 
ant or  defendants  and  no  appeal  shall  be  allowed  on  any  sigit, 
commenced  on  such  recognizance. 

If  plaintiff  live  SEC.  9.  And  in  every  action  brought  before  any  city  court, 
outofcity,orbein  which  the  plaintiff  lives  without  the  limits  of  the  city,  or  is 
appearS  bea  mariner  or  seaman  suing  for  wages  due  to  him  for  service 
allowed,  uniessin  his  occupation,  and  the  defendant  lives  within  the  limits  of 
demand  exceedfhg  cjtv  no  a,ppeai  snan  be  allowed  to  the  defendant,  unless  the 
one  hundred  and  ,  J '.  f  •,  •  , 

sixty-sereu  doi-matter  in  demand  exceed  the  sum  of  one  hundred   and  sixty- 

ars.  seven  dollars;  but  if  the  matter  in   demand  exceed  that  sum, 

an  appeal  shall  be  allowed  to  the  defendant,  in  the  same  manner, 
and  under  the  same  regulations  as  appeals  are  allowed  in  oth- 
er cases,  cognizable  by  city  courts  ;  and  no  writ  of  error 
brought  for  the  reversal  of  any  judgment  of  a  city  court,  or 
of  the  mayor,  [the  recorder,]  or  either  ^of  the  aldermen  of  a 
city,  shall  be  a  supersedes,  or  have  any  force  to  stay  the  issu- 
ing, levying,  or  collection  of  execution. 

Clerks  ^EC>   10'      Eac^  c5t^  COUrt  slia^  liaVP  Power  to   aPPomt  and 

swear  a  clerk  for  such  court,  to  continue  in  office  during  pleas- 
ure, who  shall,  as  to  matters  relative  to  his  office  as  clerk  of 


City  Court.  _  GHAUT  Bft.  _  Clerk.     Judges. 

such  court,  have  the  same  power  and  authority  as  clerks  of  coun- 
ty[superior]  courts  have  by  law  ;  and  the  oath  to  be  taken  by  the 
clerk  shall  be  the  same,  mutatis  mutandis  as  the  oath  provided 
by  law  to  betaken  by  the  clerks  of  the  county  [superior]  courts. 

SEC.  11.  The  mayor  [recorder,]  of  each  city,  for  the  timemayor  is  given 
being,  and  the  two  aldermen  first  chosen,  at  the  annual  meet-*,°ca  ^c^"'  f 
ing  of  the  city,  shall  compose  the  city  court,  where  chosen,  andjjgjta,  ' 
be  the  judges  thereof  ;  and  the  mayor  [recorder,]  shall  be  the 
-chief  judge  of  said  court,  and  the  two  aldermen  shall  be  the  as- 
sistan't  judges  of  said  court  ;  any  two  of  whom  in  the  absence 
of  the  other,  taking  to  their  assistance  the  senior  alderman 
present,  that  is  not  a  judge  of  said  court,  or  if  neither  of  the  al- 
dermen  that  are  not  judges  of  said  court,  cannot  attend,  one  of 
the  justices  of  the  peace  for  the  county  in  which  the  city  is,  and 
resident  within  such  city,  shall  have  power  to  hold  a  city  court. 
If  at  any  city  court,  there  shall  be  but  one  judge  present,  he 
shall  take  to  his  assistance  two  other  aldermen  of  the  city  ; 
and  in  case  one  or  both  of  them  cannot  attend,  he  shall  take 
one  or  two  of  the  justices  of  the  peace,  as  the  case  may  re- 
quire, of  the  county  in  which  the  city  is,  resident  in  the  city  ;  and 
they  shall  have  the  same  power  to  hold  a  city  court,  as  thejudg- 
•es  of  the  city  court  have.  In  case  of  the  absence  of  the  mayor, 
[recorder,]  and  the  two  aldermen,  constitated  by  law  judges  of 
the  city  court,  of  either  of  said  cities,  or  their  disqualification 
to  sit  as  judges,  the  other  aldermen  of  such  city,  taking  to  their 
assistance  any  justice  of  the  peace,  residing  in  the  county  in. 
which  such  city  is  established  ;  or  either  of  the  aldermen  of  such 
city,  in  case  of  the  absence  or  disqualification  of  the  mayor, 
[recorder,]  and  other  aldermen,  taking  to  his  assistance  any 
two  justices  of  the  peace,  of  such  county  ;  shall  have  power  to 
hold  a  city  court  within  and  for  such  city.  When  a  suit  is 
pending  before  any  city  court,  wherein  the  defendant  or  de- 
fendants do  not  appear,  or  which,  pursuant  to  law,  must  be 
continued,  in  either  case,  any  one  competent  judge  of  such 
court,  shall  have  power,  and  the  same  is  hereby  granted  to 
him,  to  render  a  judgment  on  default,  or  to  continue  the  ac- 

tion, as  the  case  may  require.  .  ,  „, 

o         10      mi  r  •!-,<•        i..  •      t  '       i  Special  coons 

DEC.  12.     I  he  mayor  [recorder,]  of  each  city,  or   m  his  ab-how  called. 

sence,  the  senior  assistant  judge  of  each  city  court,  may,  at  the 

special  instance  and  cost  of  any  person  moving  therefor,  hold 

a  special  city  court,  at  such  time  and  place,  within  said  city, 

as   the  mayor   [recorder,]    or  judge  ordering  the  same,  shall 

appoint  ;  which  court  shall  proceed  in  the  same  manner,  have 

the  same  power  and  authority,  and,  in  all  respects,  be  under  the 

same  regulations  as  the  stated  city  courts  of  the  city  ;  and   all 

the  taxable  fees  of  city  courts  shall  be  the  same  as  taxable  fees 

of  county  [superior]  courts.     And  the  several  city  courts  shall(fl)  CH    attor, 

have  power  to  appoint  attorneys  (a)  for  their  respective  cities.  ney  elected  at 


who  shall  be  sworn  to  a  faithful  discharge  of  their  office  :  3 

'  ' 


such  attorneys  shall  have  power  to  sue  and  prosecute  for  all  pen-Act  0^866°,' 
alties  for  the  breach  of  the  by-laws  of  said  cities,  in  the  name  of 


Aldermen's  Courts. 


CHARTER. 


Proceedings. 


Appeals. 


the  city,  by  proper  action   before  the  city  court. 

Recorder  and  al-    SRC.  13.    The  mayor  [recorder,]  and  aldermen  of  the  several 
dermen  to  luy .--cities,  respectively,  shall  severally,  within  the  limits  of  the  city 

i/u\ver  ot  jiisti-,          1-1  •     ,  i  •  ,.     n     •    -i  ,     J 

oes  of  peace.  to  which  they  belong,  have  cognizance  ot  all  civil  causes,  by  la\v 
cognizable  by  a  justice  of  the  peace,  provided  the  cause  of  ac- 
tion arise  within  the  limits  of  such  city,  and  one  or  both  of  the 
parties  live  within  the  same  ;  and  the  mayor  [recorder,]  and 
aldermen  shall,  as  to  the  causes  by  them  severally  cogn'z.ible, 
have  the  same  power  and  authority,  and  proceed  in  the  same 
manner,  as  justices  of  the  peace  now,  or  hereafter  may  have 
and  proceed.  And  an  appeal  shall  be  allowed  from  the  judg- 
ment or  determination  of  said  mayor  [recorder,]  and  aldermen, 
in  any  cause  by  them  cognizable,  severally,  to  the  next  city 
court,  to  be  holden  within  said  city,  in  all  causes  in  which  an 
appeal  is  now,  or  hereafter  shall  be,  allowed  from  a  judgment 
of  a  justice  of  the  peace  ;  the  prevailing  party,  however,  if  plain- 
tiff, may,  such  an  appeal  notwithstanding,  take  out  an  execu- 
tion on  such  judgment,  provided  he  give  a  bond,  before  the 
mayor  [recorder,]  of  such  city,  or  one  of  the  judges  of  the  city 
court,  in  the  same  manner  as  is  provided  in  the  case  of  appeal* 
from  the  city  court.  And  in  every  action  brought  before  the 
mayor,  [recorder,]  or  either  alderman  of  the  city  where  they 
belong,  in  which  the  plaintiff  lives  without  the  limits  of  such 
city,  or  in  which  the  plaintiff  is  a  mariner  or  seaman,  suing^ 
for  wages  due  to  him  for  service  in  his  occupation,  and  the- 
defendaut  lives  within  the  limits  of  the  city,  no  appeal  shall 
be  allowed  to  the  defendant. 

SEC.  14.     The  taxable  fees,  in   all  causes  cognizable  by  the 
mayor,  [recorder,]  or  any  of  the  aldermen  of  a  city,  severally, 
shall  be  the  same  as  taxable  fees,  in  like   cases,  before  justices 
of  the  peace.     And  the  processes,  in  all  actions  brought  to  city 
courts,  shall  be  the  same  as  processes  to  the  county  [superior) 
courts  ;  and  the  processes  in  actions  brought  before  the  mayor, 
[recorder,]  or  one  of  the  aldermen  of  any  city,  shall  be  the  same 
as  in  actions  brought  before  a  justice  of  the  peace  ;  which  process- 
How  signed,    shall  be  signed  by  the  governor,  lieutenant-governor,  or  justice 
of  the  peace,  or  by  the  mayor,  [recorder,]  or  one  of  the  aldermen 
of  the  city,  or  clerk  of  the  city  court,  where  the  process  is  to  be- 
served,  and  shall  be  served  by  a  sheriff,  deputy-sheriff,  or   con- 
Bonds  for  pros-stable»  to  wh°m  directed,  according  to  law  and  the  provisions 
«cution.          of  this  act.     And  all   bonds  for  prosecution,  taken  by  any  of 
the  officers  hereby  empowered  to  sign  writs,  shall  be  good  and 
effectual;  and    bonds  for  prosecution,  special  bail,  and  bonds 
Proviso.          for  appeal,  shall  be  taken  to  the  adverse  party  :  Provided,  that 
no  writs,  (executions  excepted,)  or   processes,   signed  by  the 
mayor,  [recorder,]  or  either  of  the  aldermen,  shall  be  of  any  ef- 
fect, without  the  limits  of  the  city  to  which  they  belong. 
Time  of  service     SEC.  15.     When  the    defendant,    who  is  sued    to  any  city 
before  the  sit-court,  lives  within  the  limits  of  the  city,  the  writ  shall  be  serv- 
ting  of  the  courte(}  Up0n  him,  at  least  six  days  before  the  sitting  of  the  court  to 
which  the  writ  is  returnable  :  but  if  the  defendant   lives  with- 


Taxable  fees. 


Processes. 


'Return  of  Writs.  CHARTER.  Jurors. 


out  the  limits  of  the  city,  the  writ  shall  be  served  at  least  twelve  Return  of  writs 
days  before  the  sitting  of  the  court  ;  and  all  writs  returnable  to  ato  Clty  cc 
city  court,  shall  be  returned  to  the  clerk  thereof,  on  or  before  the 
day  of  the  sitting  of  the  court,  and  before  the  first  opening  of  such 
court. 

SEC.  16.  The  writs  that  are  returnable  before  the  mayor,  [recor- 
der,] or  either  of  the  aldermen  of  a  city  shall,  if  the  plaintiff  and 
defendant  both  live  within  the  limits  of  the  city,  or  if  the  plaintiff 
live  without  and  the  defendant  live  within  the  limits  of  such  city  ; 
or  if  the  plaintiff  be   a  mariner   or  seaman,  suing  for  wages  due  to  Writs  returna- 
him  for  service  in  his   occupation,  and  the  defendant  lives  within  mayor  °or&\-  ' 
the  limits  of  the  city,  be  served  upon  the  defendant,  at  least  three  dermen. 
days  before  the  sitting  of  the  court  to  which  it  is  returnable  ;  but 
if  the  defendant  lives  without  the  limits  of  the   city,  the  writ  shall 
be   served  upon  him,  at  least  six   days   before   the  sitting  of  tha 
court  to  which  it  is  returnable. 

SEC.  17.    In  case  any  sheriff,  deputy  sheriff,  or  constable  shall 
not  serve  a  writ  directed  to   and   received  by  him,  that  is  returna- 
ble to  a  city  court,  or  shall  neglect  to  make  return  of  said  writ,  or  %,na^ty  °f"  j!bneer_ 
shall  make  a  talse   return  thereof,  and  a  suit  for   such  default  be  giect  of  duty, 
brought  against  him,  to  such  city  court,  by  the  person,  his  executor 
or  administrator,  in  whose  favor  the  suit  issued,  and  the  defendant 
be  found  in   fault,  the  court,  over  and  above  awarding  just  dam- 
ages to  the  party,  shall,  on   said  suit,  set  a   suitable  fine  upon  the 
defendant,  according  to  the  nature  of  the  case,  and  may  issue  ex- 
ecution for  the  same,  which  fine  shall  be  to  the  treasury  of  the  city. 

SEC.  18.  [The  election  of  jurors  in  Hartford,  New  Haven,  New 
London  and  Norwich  is  omitted.]  The  mayor,  aldermen,  and 
common  council,  [councilmen,]  of  each  city,  shall  annually  meet  ch0s<^rS'  °W 
for  the  election  of  jurors.  They  shall  meet  in  the  city  of  Middle- 
town,  on  the  first  Monday  of  February,  and  then  choose  thirty-six 
freemen  of  said  city,  or  such  greater  number,  not  exceeding  seven- 
ty-two, as  said  mayor,  aldermen,  and  common  council,  [council- 
men,]  shall  then  judge  necessary,  to  serve  as  jurors  at  city  courts. 
They  shall  return  the  names  of  the  jurors  chosen  as  aforesaid,  un-  Return, 
der  the  hand  of  the  mayor  of  the  city,  if  present,  or  in  case  of  his 
absence,  under  the  hand  of  the  senior  alderman  present  at  such 
meeting,  to  the  clerk  of  the  city  court,  who  shall  write  each  juror's 
name  thus  chosen  fairly,  on  a  separate  piece  of  paper,  and  roll  up 

and  put  the  same  into  a  box,  which  he   shall  provide  and  keep  for  Clerks  shall  P"* 
i      i  -ii          u     •«•    n  •.       i    11  •      names  in  a  box. 

that  purpose  :  and  whenever  either  sheriff  of  any  city  shall  receive 

a  warrant  from  the  clerk  of  the  city  court,  to  summon  a  jury  to  ap- 
pear before  said  court,  the  sheriff  receiving  such  warrant,  taking 
with  him  one  of  the  aldermen  of  the  city,  shall  repair  to  the  clerk's 
office,  and  there,  in  the  presence  of  such  alderman  and  clerk,  shall    Jurors,   how 
take  out  of  said  box   as  many  papers  as  his  warrant  directs  ;  anddrawn< 
the  persons  whose  names  shall  be  found  written  therein,  shall  be 

summoned  to  appear  before  the  court,  to  which  the  warrant  is  re-0 

,  .  .  ,   Summoned. 

tamable,  to  serve  as  jurors,  and  in  case  of  neglecting  to  attend, 

shall  be  liable  to  such   penalties  as  shall  be,  by  the  by-laws  of  the 


]Q         City  Court. CHARTER. Oaths. 

city,  inflicted  for  such  neglect  ;  and  in  case  a  complete  panel  shall 
not  attend,  or  in  case  any  shall  be  challenged  or  excused,  the  ^tar- 
iff attending  the  court,  shall  supply  the  deficiency,  by  drawing,  in 
the  presence  of  the  court,  others  out  of  the  said  box,  and  summon- 
ing them  to  attend  and  serve,  until  the  panel  shall  be  complete  ; 
and  the  names  of  such  jurors  as  do  not  attend,  or  are  excused,  shall 
be  returned  into  the  box,  and  shall  be  liable  to  be  drawn  again. 

And  sworn.  ^ud  the  oath  to  be  taken  by  the  jurors,  shall  be  the  same  as  is  by 
la\v  provided  to  be  taken  by  jurors  in  civil  actions.  And  the  name 
of  each  juror  that  attends  any  city  court  and  serves,  shall  be  again 
written  on  a  separate  piece  of  paper,  and  shall  be  rolled  up  and 
put  into  another  box,  which  the  clerk  of  the  court  shall  provide  for 
that  purpose,  and  shall  be  liable  to  be  drawn  again,  in  case  there 
shall  not,  by  reason  of  death,  removal,  or  other  cause,  be  a  suffi- 
ciency in  the  ether  box,  to  complete  the  panels  for  that  year  in 

Issues  of  fact  which  they  are  chosen  to  serve.    Provided,  that  the  judges  of  each 

may  be  tried  by  c|ty  C0urt,  shall  have  power  to  try  and  decide  all  issues  in  fact  that 

a  jury  of  six.  shall  come  before  them,  by  themselves,  or  by  a  jury  of  six  free- 
men, where  both  parties  shall  agree  to  it.  s 

SEC.  19.  The  mayor,  aldermen,  sheriffs,  common  council  [coun- 
cilmen,]  and  clerks  of  each  city,  shall  be  sworn  to  the  faithful  dis- 
charge of  their  duty  ;  and  the  form  of  the  oath  to  be  taken  by  the 
mayor  of  each  city  shall  be  as  follows,  to  wit  : 

You  beincj  elected  mayor  of  the  city  of  ,  do  swear  by  the 

Form  of  oath  name  of  the  ever  living  God,  that  you  will,  without  any  partiality,  in- 

for  mayor.  differently  adminis'er  justice  according  to  law,  without  respect  of  persons 
take  no  bribe,  give  no  counsel  in  any  matter  that  shall  come  before 
you,  nor  deny  right  to  any,  but  well  and  truly  perform  your  office  of 
mayor  of  said  city,  according  to  your  best  skill:  So  help  you  God. 

Aldermen.  And  tne  f°rm  °f  the  oath  to  be  taken  by  the  aldermen  of  each  city, 

shall  be  the  same,  mutatis  mutandis,  as  is  presc:  ibed  by  law  to  be  ta- 
ken by  justices  of  the  peace.  And  the  form  of  the  oath  to  be  taken 
by  the  common  council  [councilmen]  of  each  city,  shall  be  as  fol- 
lows, to  wit  : 

You  being   electd  a  common  councilman   [councilman]  for  the  city  of 

Councilmen.  do  swear  by  the  name  of  the  overliving  God,  that  you  wilt 

fait/if  ally  and  upmjhtly  discharge  the  duties  of  that  office,  so  long  as 
you  shall  hold  the  same  :  So  help  you  God. 

Sheriffs.  And  the  form  of  the  oath  to  be  taken,  by  the  sheriffs  of  each 

city,  shall  be  the  same  as  is  prescribed  by  Jaw,  to  be  taken  by  sher- 
iffs, mutatis  mutandis.  And  the  form  of  the  oath,  to  be  taken  by 
the  clerk  of  each  city,  shall  be  as  follows,  to  wit : 

You  being  chosen  clerk  of  the  city  of  ,  do  wear,  ly  the 

Clerk.  name* of  the  everliving  God.   t/mt    you  will  truly  and  f tilth  fit II ij  at- 

tend, and  execute  the  qjfice  of  clerk  of  sv.zd  city  according  to  your 
best  skill,  and  make  true  entries  and  records  of  all  the  votes  and  pro- 
ceedings of  said  city,  and  such  other  mailers  as  by  law,  or  by  the  by- 
laws of  *aid  city  are  to  lie  recorded  in  your  office,  and  that  you  will 
deliver  true  copies  of  the  records  in  your  hands,  irhen  they  *hall  be 
required  nf  you,  taking  only  your  lawful  fees  :  So  help  you  God. 
Which  oaths  may  be  admistered  by  a  justice  of  the  peace,  or 


Common  Council.  CHARM.  General  powers.     11 


by  the  mayor,  or  either  of  the  aldermen  of  the  city,  provided  they  JkjjJjJJ  ad" 
have  been  first  sworn   according  to  this  act.      And  the  person  ad-  certificate  'to 
ministering  the  oath  prescribed  by  this  act,  shall  give  a  certificate  be  given  and  re 
thereof,  to  the  person  to  whom  he  administered  it,  which  certificate00 
shall  be  recorded  in  the  records  of  such  city,  before  the  person  to 
whom  it  is  given  shall  be   capable  of  executing  the  office  to  which 
he  is  chosen. 

SEC  20.     [Those  subjects  of  legislation  which  are  identical  with  (a)  For  organ 
those  allowed  in  the  act  of  1856  are  omitted.]     There  shall  be   action  of  com, 

.,  r  ••,->    P  t    i  mou  council. 

court  ot  common  council  [a  common  council]  or  each  city,  to  be  com-See  gec>  ^  ^ct 
posed   of  the^   mayor,   aldermen,  and  common  council,  [council-  of  185(5. 
men,]   who,    by   a  major  vote,  shall  have   power   to   make  ty-  by-law? 
laws  ; 

Relative  to  channels  ; 

Relative  to  trees  planted  for  shade,  ornament,  convenience,  or 
use,  public  or  private,  and  to  the  fruit  of  such  trees  ; 

Relative  to  the  sweeping  of  chimneys  ; 

Relative  to  the  for  me  of  oaths  to  be  taken  by  the  inspectors  of 
pro,  luce  brought  to  said  cities  for  sale  or  exportation  ; 

Relative  to  the  qualifications,  in  point  of  property,  of  the  may- 
or and  aldermen  ; 

Relative  to  the  penalties  to  be  incurred  by  those  who,  being 
chosen  to  any  city  office,  shall  (not  being  excused  by  the  city)  re- 
fuse to  serve  ; 

Relative  to  the  mode  of  taxation,  as  to  taxes  levied  by  said 
cities  ; 

And  to  prevent  the  future  erection  of  any  building  or  buildings, 
in  the  most  compact  and  populous  part  of  said  cities,  or  the  alter- 
ation or  appropriation  of  any  buildings  already  erected,  to  be  used 
for  bakers'  shops,  blacksmiths'  shops,  hatters'  shops,  or  tallow-chan- 
dlers' shops,  or  any  other  buildings,  for  those  or  similar  purposes, 
which,  in  the  opinion  of  the  common  council  of  said  cities,  respec- 
tively, shall  more  immediately  expose  said  cities  to  injury,  and  de- 
struction from  fire. 

And  the  court  of  common  council  [the  common  council]  of  each 
city,  shall  have  power  to  designate  and  assign  the  limits  to  their 
said  cities,  within  which  no  person  or  persons,  shall  be  permitted 
in  future  to  erect,  use,  or  occupy  any  building  or  buildings  of  the 
kind,  or  for  the  us-i  mentioned  in  this  act,  without  license  from  the 
court  of  common  council,  [the  common  council.] 

And  relative  to  raising  and  collecting  a  revenue,  by  duties  and 
indirect  taxes,  within  said  cities  ; 

Relative  to  the  assize  of  bread,  crackers,  and  biscuits,  and  other 
manufactories  of  flour,  made  and  sold  within  said  cities  ; 

And  for  securing  to  the  inhabitants  of  cities,  and  other 
persons,  the  exercise  of  their  rights,  in  the  use  of  the  public 
squares,  streets  au'l  highways  within  said  cities,  free  from  obstruc- 
tion and  molestation  ; 


12         General  powers.  CHARTKH.  How  exercised. 

For  designating  the  place  or  places  for  military  parades,  in  or 
near  said  cities  ; 

For  laying  out  and  regulating  public  squares  and  walks  ; 

For  regulating  military  parades  and  rendezvous,  within  the  lim- 
its of  said  cities  ; 

And  the  marching  of  military  companies  with  music  in  the 
streets  of  said  cities  ; 

For  defining  the  powers  and  duties  of  the  city  watch,  and  car- 
rying them  into  effect  ; 

Relating  to  prohibiting  and  regulating  the  bringing  in  and  con- 

To  inflict  pen-vey^n«  out''  or  s^or^n»  of  gunpowder  in  said  cities  ; 

allies.  -And  to  inflict  penalties  and  forfeitures  of  goods  and  chattels,  for 

the  bre.ach  of  such  by-laws  ;  which  penalties  and  forfeitures,  shall 
be  to  the  use  of  said  cities  respectively,  or  to  such  person  or  per- 
sons, as  the  by-laws  shall  direct,  to  be  recovered  by  the  treasurers 
of  said  cities,  for  the  use  of  the  same,  or  by  the  }  ersons  to  whom 

al™.  recovera'  forfeited,  in  an  action  on  such  by  law,  brought  to  the  city  court,  in 
said  city  where  the  offense  is  committed  ;  in  which  action  no  ap- 
peal shall  be  allowed  :  Provided,  that  no  penalty  shall  exceed  the 
sum  of  thirty  four  dollars,  and  no  forfeiture  of  goods  and  chattels-, 
shall  exceed  the  value  of  thirty-four  dollars  ;  and  provided,  that 

Limitation  of  sucn  penalties  shall  not  exceed   thirty-four  dollars,  for  a  quantity 

Forfeitures*11  of  gun-powder,  not  exceeding  twenty-five  pounds,  and  for  each  and 
every  further  amount  of  twenty-five  pounds,  an  additional  penal- 
ty not  exceeding  fifteen  dollars.  And  all  penalties  not  exceeding 
seven  dollars,  may  be  sued  for,  before  the  mayor,  [recorder] 
or  aldermen  of  the  city  in  which  the  offense  is  committed  :  and  the 
defendant  shall  have  liberty  to  appeal,  when  judgment  is  rendered 
against  him,  to  the  next  city  court,  to  be  holden  in  and  for  said  ci- 
ty, in  the  same  manner  as  in  other  cases.  [The  last  proviso  is  omit- 
ted for  one  contained  in  the  Act  of  1856.] 

SEC.  21.  [Relates  to  the  laying  out  of  streets,  &c.,  and  is  super- 
seded by  Act  of  1856,  Sees.  6,  7,  and  8.] 

SEC.  22.  Each  city  shall   have  power  to  appoint  inspectors  of 

,    every  kind  of  produce  of  the  United  States,  brought  to  such  city 
Inspectors  of     .       J ,          ,  J 

produce.          f°r  sale  anc*  exportation. 

SEC.  23.  All  grants  and  leases  of  any  real   estate  belonging  to 
either  of  said  cities,  signed  by  the  mayor,  and  sealed  with  the  city 
Grants  and  leas- seal,  and  approved  by  the  city,  in  a  legal  meeting,  and  recorded 
C8<  in  the  town  where  the  lands  granted  or  leased  lie,  shall  be  effectu- 

al to  convey  such  estate. 

SEC.  24.  Whenever  the  mayor   of  either   of   said  cities,  or  any 

other  officer  eligible  by  the  freemen,  shall  resign,  or  be  removed, 

Vacancies   in  by  death  or  otherwise,  another  shall  be  elected  in  his  place,  and  (if 

office, how  sup-  tue  appointment  be  annual)  shall  continue  in  office  for  the  same 

p     '  time  as  the  person  whom  he   succeeds  would  have  done,   had  he 

not  resigned,  or  been  removed. 
Mayor  fcc.to  be     SEC.  25.  The  mayor  of  each  city,  or   in  his  absence,  the  senior 

moderator  of    aidcnnan  present,  at  any  meeting  of  the  city,  or  any  court  of  com- 

meetings,  which  %,  r,,  J  °.,-,      ,    „     "      ~  . J  , 

nuyadjoura.     mon  council  [the  common  council]    shall,  ex  officw,  be  moderator 

thereof.     A  meeting  of  the  city  may  be  adjourned,  from  time  to 


City  meeting.  CHAKTKlt.  Fire  company.         13 

time,  by  a  major   vote  of  the  freemen  present.      And  a    special  Major  vote  to 
meeting   of  each  city,  may  be  called  in  such  manner  as  said  cities   e 
shall  direct  ;  and  all  questions,  in  a  city  meeting,  shall  be  decided 
by  a  majority  of  the  votes  of  the  freemen  present. 

SEC.  26  and  SEC.  27.   [Relate  to  the  appointment  of  firemen  in 
the  cities  of  Hartford  and  New  Haven.] 

SEC.  28.  The  inhabitants  living  within  the  limits  of  each  city,  !'nbflbita0n,tj|(  j£ 
shall  be  and  remain  a  part  of  the  town  within  which  such  city  is  e  par 
situated. 

SEC.  29.  If  this  act,  or  any  of  the  provisions  contained  in  it,  shall  Act  may  ^  aj. 
be  found  inconvenient,  or  in  any  respect  inadequate,  the  same  may  tered. 
be   altered  or   revoked,   on    representation  of  either   of  said  ci- 
ties, by   the  general  assembly.      And  this  act  shall  be   a  public 
act. 


Additional  Act  authorizing  a  new  Fire  Engine  Company  of 
sixteen  men. 

May  1832. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Assembly  convened,  That  the  mayor,  aldermen  and  com- 
mon council  [councilrnen]  of  the  city  of  Middletown,  be.  and 
they  are  hereby  authorized  and  empowered,  to  form  a  new  en-  xew  fire  engine 
gine  company  in  said  city,  to  consist  of  sixteen  men  living  with- company  ofsix- 
in  the  limits  of  said  city,  the  same  being  an  addition  to  the  ^*°  men' 
number  of  firemen  now  authorized  by  law  in  said  eity  of  Mid- 
dletown ;  and  the  said  mayor,  aldermen,  and  common  council, 
[councilmcn,]  shall  have  full  power  and  authority,  at  any  reg- 
ular meeting,  to  choose  said  additional  number  of  firemen  for 
the  purpose  of  forming  said  company  as  aforesaid,  and  shall 
have  full  power  to  fill  any  vacancies  that  may  occur  in  said  com- 
pany raised  as  aforesaid,  and  to  establish  and  make  such  rules 
and  regulations  relative  to  said  fire-engine  company  as  may, 
from  timetotime  be  necessary,  any  lawto  the  contrary  notwith- 
standing :  Provided  that  this  act  may  be  altered,  amended,  or 
repealed,  at  the  pleasure  of  the  (Jcneral  Assembly. 


14         Side-walks.  CHARTER.  Gutters.       Trains. 

An  Act  to  amend  the  Charter,  and  for  other  purposes. 

May  1835. 

SEC.  1.    Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Assembly  convened,  Thai    whenever  the   court  of  com- 
mon council   [the    common  council]  of    said   city  shall  order 
If  proprietors  tjie  proprietors  of  land  to  level  or  raise  side-walks,  pave  or  flag 
dents"  notice  in  the  same,  or  pave  gutters  in  front  of  their  land,  or  to  raise  low 
writing  to   oc-  grounds,  or  to  make   drains,  in  pursuance  of  power   heretofore 
o'l^pavV^uffi?  granted,  and  the  proprietor  does  not  reside  in    said  city,  notice 
•cieut.  in  writing  to  the  occupants  of  the  land  or  building  in  front  of 

which  said  side-walk  or  gutter  is  to  be  made  or  paved,  or  to  the 
occupants  of  the   ground   to  be  drained  or  filled  up,    shall  be 
sufficient  notice  of  such  order  to  all  persons  interested  therein. 
SEC.  2    If  such  proprietor  shall  neglect  to  comply  with  such 
order,  and  the  court  of  common  council  [the  common  council] 
shall  direct  the  same  to  be  executed  by  some  other  person,  the 
expenses  so  incurred,  with  interest  thereon,  and  costs  of  collee- 
In  case  of  neg- tion,  shall  be  a  lieu  or  real  incumbrance  on  the  buildings  and  lots 
lect, common    inrespectto  which  such  expenses  shall  have  been  incurred  ;  and 
der^paviii^  "or  ^ne  same  may  be  recovered  by  action  of  debt  in  the  name  of  the 
flagging  afcost  treasurer  of  said  city,  from  the  person  on    whose  account  the 
of  proprietors.  same  may  have  been  so  incurred,  his  executors  or  administrators  ; 
or  the  same  may  be  recovered,  or  the  payment  thereof  enforc- 
ed in  like  manner  as  if  said  lands  or  buildings  were  mortgaged 
to  the  corporation  of  said  city  for  the  payment    thereof,  or  the 
same  may  be  enforced  by  warrant  of  distress. 

SEC.  3.  Whenever  such  warrant  shall  issue,  it  may  be  made 

in  like  manner  as  warrants  for  other  taxes,  and  may  include  the 

same  sum  for  said  warrant  as  is    allowed  for  executions  in  the 

superior  court,  and  also  officer's  fees  for  collection  ;  and  the  offi- 

Warrantto  col-  cer  siia]j  proceed  with  such  warrant  in  the  same  manner,  and 

lect  expenses,          1,1  i    ,•  •  -i     j  i       i         • 

bow  made.       under  the  same  regulations  as  is  prescribed  by  law  in  the   case 

of  public  taxes,  except  that  notice  of  the  sale  of  real  estate  in  a 
public  newspaper  of  said  city  need  only  be  given  for  three  suc- 
cessive weeks  before  the  sale. 


Resolve  forming  the  Middletown  Fire  Hook  and  Ladder  Company. 

May  1831. 

Resolvedly  this  Assembly,  That  the  mayor,  aldermen  and  corn- 
Fire  hook  andmon  council  [councilmen]  of  the    city  of  Middletown  be,  and 
ladder  company  they  are  hereby  authorized  and   empowered  to  form  a  fre  com- 
pany in  said  city,  to  be  called    the  Middletown    Fh'£  Hook  and 
Ladder  Company  ;  said   company   to  consist  of  not  more  than 
thirty  men. 


Fire  Company.  CHAttTKU.  Firemen.         1» 

Incorporation  of  Fire  Engine  Company  No.  4,  in  Midddletown. 

May,  1838. 

Upon  the  petition  of  the  mayor  and  aldermen  of  the  city  of 
Middletown.  specially  authorized  for  the  purpose,  by  the  vote  of  _,. 

-r    .j     /       -        ,,  ..        ,         ft  J    j  •        FireFnmne 

the  freemen  of  said  city,  in  city  meeting  legally  warned,  pray  ing  Company  No.  4, 

for  power   to  raise   an   additional  fire  company,  to   consist   of  of  not  more  than 
thirty  members,  and  that  the  existing  fire   companies   may   be thirty  meu> 
enlarged,  so  that  each   consists  of  thirty  members,  as  per  peti- 
tion on  file  appears. 

Resolved  by  this  Assembly,  That  the  mayor,  aldermen  and  com- 
mon council  [councilman J  of  the  city  of  Middletown  be,  and 
they  are  hereby  authorized  and  empowered  to  form  a  fire  en- 
gine company  in  said  Middletown,  to  be  called  Fire  Engine  Com- 
pany No.  4  ;  said  company  to  consist  of  not  more  than  thirty 
men. 

Resolved  farther,     That  the   mayor,    aldermen   and  common  Power  to  en- 
council,  [councilmen,]  be,    and  they  are  hereby  authorized  and 
empowered  to  enlarge  the  existing  fire  companies,  so  that  each 
shall  consist  of  thirty  members. 

[A  part  of  this  Act,  and  a  part  of  the  proceeding  Resolve, 
included  in  the  Resolution  of  1842,  are  omitted.] 


Resolution  to  increase  the  number  of  Firemen  in  the   City  of 
Middletown. 

1842. 

Upon  the  petition  of  the  mayor,  aldermen  and  common  coun- 
cil [councilmen]  of  the  city  of  Middletown,  praying  for  pow- 
er to  raise  thirty  additional  members,  to  be  attached  to  the 
existing  fire  companies  of  said  city,  as  per  petition  on  file  : 

Rcsokcd,  by  this  Assembly,  That   the  mayor,    aldermen,    and 
common   council    [councilmenj  of  the  city  of  Middletown,   be, 
and   they  hereby  are    authorized  and    empowed  to  raise  thirty 
additional  firemen,  to  be  attached    to   the  existing   fire  engine  Thirt(1ditirn. 
companies  of  said  city,  and  entitled  to  all  the  powers,  privileg-al  Bremen  may 
es  and  immunities  granted    by   the    Legislature    to    the    other be  raised- 
members  of  fire  companies  of  said  city. 

Resolved  further,  That  all  the  fire  companies  of  the  city  of 
Middletown,  shall  have  po\ver  to  make  any  by-laws  not  incon- 
sistent with  the  laws  of  this  iStuteor  of  the  United  States,  and  to 


16         Recorder.  CHAUTER.  Mayor's  Powers. 

Fire  companies  enforce  the  same  by  fine  not  exceeding  five  dollars  for  any  one 
may  make  by-  ojfense  .  also,  to  impose  taxes  on  themselves,   and   collect  the 
same  in  like  manner  as  other  taxes  are  collected. 

Provided,  That  these  resolves  shall  not  be  in  force,  unless  the 
same  shall  be  assented  to  by  the    mayor,    aldermen,    common 
Proviso  reqnir-  council  [councilmen]  and  freemen  of  the  city  of  Middletown,  at 
ing  assent  of    a  meeting  legally  held  for  that  purpose. 
cit>  to.resolve3.     Approved  in  city  meeting,  Aug.  0,  1842. 


An  Act  in  addition  to  an  Act  entitled  "An  Act  incorporating 
the  City  of  Middletown." 

May,  1843. 

Be  if  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened.     SEC.  1.     [The  part  relating  to  election  of  Re- 
corder,  and  to  filling  the  office  when  vacant,  is  omitted,    as  su- 
duUesandpuw  pcrsededby  Sec.  3,  Act  of  1856.]     That  there  shall  be  a  recorder 
ers.  for  the  city  of  Middletown,  who  shall  be  the   chief  judge  of  the 

city  court  of  said  city,  and  shall  perform  all  the  duties  of  a 
judge  of  said  court,  instead  of  the  mayor  of  said  city.  And  he 
shall  also  have  and  exercise  all  the  other  judicial  powers  and 
authority  now  by  law  appertaining  to  the  office  of  mayor  of  said 
T  ,  city,  and  said  power  and  authority  are  hereby  transferred 

from  said  office  of  mayor   to  said  office   of  recorder.     He  shall 
Compensation,  take   the  oath  provided  by  law  to  be  administered  to  other  ju- 
dicial officers,  and  shall  receive  such  compensation  as  shall   be 
established  l>y  by-law  of  said  city. 

SEC.  2.  That  the    mayor  and    aldermen    of   said    city    of 
Middletown  shall  have,  severally,  the   same  power  within  said 
derraen^tneir0^^  to  disperse  and  apprehend  rioters,  to  keep  the  peace,  and 
d  ities  and  pow- to  require  sureties  therefor,  and  the  same  criminal  jurisdiction 
ers-  over  all  crimes  and  offenses  whatsoever,  committed  within  the 

limits  of  said  city,  that  justices  of  the  peace  have  or  may  have 
in  the  towns  where  they  reside,  subject  to  any  appeal  that  is 
now,  or  shall  hereafter  be  allowed  from  justices  of  the  peace 
in  criminal  cases.  And  where  said  mayor  or  aldermen  have 
jurisdiction,  they  shall  have  the  same  power,  se'/erally,  that 
justices  of  the  peace  have  to  issue  process  against  the  offender 
or  offenders,  and  a  summons  and  capias  for  witnesses,  and 
may  at  all  times,  if  need  be,  require  the  aid  of  any  sheriff, 
deputy  sheriff,  city  sheriff,  town  or  city  constable  or  watch- 
man, or  any  or  all  of  them,  together  Avith  such  other  aid  as 
shall  be  necessary.  And  the  mayor,  or  in  his  absence,  the 
senior  alderman  present  shall,  in  all  cases,  have  and  exercise 
the  same  powers  and  duties,  which  were  conferred  on  the 
mayrr  of  the  city  of  New  Haven,  by  an  Act  passed  1842, 
entitled,  "An  Act  in  addition  to  an  Act  entitled  An  Act  In  cor- 


Mayor.  CHARTER.  Powers  of.         17 

porating   the   City  of   New  Haven."    And    all    persons  who 
shall  resist,  delay  or  refuse  to  obey  the  legal  requirements  of 
the  mayor  or  either  of  the   aldermen    of  said  city  of  Middle- 
town,  shall  be  subject  to  the  same  penalty  as  is  provided  by  Penalties  for  re- 
.,      i  ,.         ,        ,   ,,      ,.,         ...  J  ,  ,v  sistance  of.  ic. 

the  last  mentioned  act  for  like  offenses  :  and  every  person  call- 
ed into  service  by  the  mayor  or  acting  mayor,  shall  be  paid 
as  provided  by  the  sixth  section  of  said  act. 

SEC.  3.  The  court  of  common  council  [the  common   council] 
shall  at  their  next  meeting  after  the  passage  of  this  act,  and  at  Grand  juror?, 
each  annual  meeting  of  said  court  [said  common  council]  there- ^en^and  how 
after,  appoint  from   the  common  councilmen  [the  councilmen]  Their  powers 
by  ballot,  three  grand  jurors  for  the  city,  who  shall  be  sworn, &c- 
and  who  shall  have  and  exercise  the  same  powers  and  duties 
within  the  said  city  as  grand  jurors  have  and  exercise  within 
their  respective   towns.     And  said  grand  jurors  shall  perform 
the   duties   of  their  office  until  others  are  chosen  and  sworn  in 
their  stead. 


An  Act  in  addition  to  an  Act  entitled  "An  Act  incorporating  the 
City  of  New  Haven." 

1842. 

[Sections  of  this  Act  referred  to  in  the  preceding  Act.] 

SEC.  4.  The  mayor  of  said  city  shall  hereafter  be  the  chief1 
executive  magistrate  thereof ;  and  it  shall  be  his  duty  to  be  Mayor,  his  dn- 
vigilant  and  active  in  causing  the  laws  to  be  executed  and  en-tj  an<}  powera 
forced,  and  he  shall  be  conservator  of  the  peace  within  said 
city,  and  shall  have  authority  with  force  and  strong  hand,  when 
necessary,  to  suppress  all  tumults,  riots,  routs,  and  unlawful 
assemblies,  and  to  arrest  without  warrant,  and  commit  to 
prison,  for  a  time  not  exceding  twenty-four  hours,  any  person 
or  persons  who  may  be  detected  in  reveling,  quarreling, 
brawling,  or  otherwise  behaving  in  a  disorderly  manner,  to 
the  disturbance  or  annoyance  of  the  peaceable  inhabitants  of 
said  city.  He  is  also  empowered  to  enter  any  house  or  build- 
ing which  he  has  reasonable  cause  to  suspect  to  be  inhabited 
by  persons  of  ill  fame,  or  to  which  persons  of  dissolute,  idle,  or 
disorderly  character  are  suspected  to  resort.  And  if  any  dis- 
solute, disorderly,  or  vagrant  persons  are  found  assembled  in 
or  about  any  such  house  or  building,  he  shall  command  all 
such  persons  immediately  to  disperse,  if  in  his  opinion  the 
good  order  of  any  portion  of  the  city  require  it  ;  and  in  case 
of  neglect  or  refusal  to  obey  such  command,  he  is  hereby  au- 
thorized to  commit  any  person  or  persons  so  disobeying  to 
prison  for  a  term  not  exceeding  forty-eight  hours  ;  and  he 

3 


18 


Mayor. 


CHARTER. 


shall  have,  and  may  exercise  within  the  limits  of  said  city,  all 
(n)Same  as  the  powers  given  to  sheriffs  or  other  officers  by  the  (a)  59th  and 

67th  and  i  68th   gQth  (a\  sections  of  the  act  entitled  "  An  Act  concerning  Crimes 

sections  Compi-        ••  -A      •  i  i  •,  •  ,. 

lation  of  1854.  and  Punishments,    and  he  may  at  all  times,  if  need  be,  require 

the  aid  of  any  sheriff,  deputy  sheriff,  town  or  city  constable  or 
watchman,  or  any  or  all  of  them,  together  with  such  other 
aid  as  may  be  necessary.  And  whenever  he  shall  have  rea- 
son to  believe  that  great  opposition  will  be  made  to  the  exe- 
cution of  his  authority,  he  shall  have  power  to  call  out  the 
several  companies  of  militia  in  said  city,  or  any  or  either  of 
them,  and  may  exert  all  the  force  necessary  to  enable  him  to 
execute  the  laws  within  the  limits  of  said  city. 

SEC.  5.  If  any   person  shall   hinder   or  obstruct,  resist    or 

abuse  the  mayor  in  the  execution  of  his  office,  or  when  com- 

manded to  assist  him  therein,  (being  of  sufficient  age  and  abil- 

Penalty  for  re-  ity,)  shall  refuse  or   unreasonably  neglect  so   to    do,  such  of- 

Bistingandrefu  fender,  being  thereof  duly  convicted,    shall  pay  a  fine  not  ex- 

mayor.0  eyt  eceeding  one  hundred   dollars,  or  shall  be  imprisoned   in  the 

county  jail  not   exceeding  six  months,  or  both,  at  the  discre- 

tion of  the  court  having  cognizance  of  the  offense. 

SEC.  6.  Every  commissioned  officer  and  soldier  when  call- 
ed into  service  by  the  mayor  of  said  city,  in  manner  aforesaid, 
shall  be  entitled  to  the  same  pay,  and  for  disobeying  the  com- 
mands of  the  said  mayor,  shall  be  subject  to  the  same  penalty 
as  is  provided  when  called  into  service  by  the  sheriff  of  the 
county,  by  virtue  of  the  act  entitled  "  An  Act  relating  to  Sher- 
iffs." 


persed. 


Form  of  the 
proclamation, 


An  Act  concerning  Crimes  and  Punishment. 

From  the  Statutes,  Compilation  of  1854,  pages  320  and  321. 

[The  sections  referred  to  in  the  preceding  Act.] 
SEC-  67-  Every  justice  of  the  peace,  sheriff,  deputy-sheriff, 
constable,  and  selectman,  within  the  limits  of  his  jurisdiction, 
on  having  notice  or  knowledge  of  any  unlawful  and  riotous  as- 
sembly of  three  or  more  persons,  who  shall  have  come  togeth- 
er with  intent  to  do  any  unlawful  act,  with  force  or  violence, 
against  the  peace,  or  to  the  manifest  terror  of  the  people,  shall 
be  authorized,  empowered,  and  required,  to  resort  to  the  place 
where  such  assembly  shall  be,  and  coming  to  such  rioters,  or 
as  near  as  he  can  safely  come  to  them,  then  and  there  with  an 
audible  voice  to  command,  or  cause  to  be  commanded,  silence 
to  be  observed  while  proclamation  is  being  made  ;  and  after 
that,  he  shall  openly  and  with  an  audible  voice,  make,  or  cause 
to  be  made,  a  proclamation  in  these  words,  or  in  words  of  a  sim- 
ihir  effect,  to  wit,  "  In  the  name  and  by  authority  of  the  state 
of  Connecticut,  I  charge  and  command  all  persons  assembled, 


Riots. CHARTER. Nuisances.          19 

immediately  to.dispcrse  themselves,  and  peaceably  to  depart  to 
their  habitations,  or  to  their  lawful  business,  on  penalty  of  the 
law." 

SEC.  68.  If  such  persons,  so  unlawfully  and  riotously  assem- 
bled, or  any  three  or  more  of  them,  after  proclamation   made 
as  aforesaid,  shall  not  disperse,  every  justice  of  the  peace,  sheriff,  to  be  apprehend 
deputy-sheriff,  constable,   or  selectman,   where  such  assembly  ed- 
shall  be,  and  such  other  person  or  persons  as  he  shall  command 
to  assist  him,  is  authorized  and   required  to  apprehend  such 
persons  so  unlawfully  and  riotously  continuing   together,  after 
proclamation  made  as  aforesaid,  and  forthwith  to  carry  the  per- 
sons so  apprehended,  before  some  justice  of  the  peace,  in  order 
to  their  being  proceeded  against  according  to  law. 


An  Act  in  addition  to,  and  in  amendment  and  alteration  of,  the 
Charter  and  the  several  Ads  in  relation  to  the  City  of 
Middletown. 

May,  1853. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly  convened.     SEC.  1.  That  the   court  of  common  council 

[the  common  conncill  of  said  city  shall  be   and  they   hereby  „ 

,i      •     j        i  j   ,  T,  j         ..,  .*  Common  conn- 

are  authorized  and   empowered  to  cause   all   grounds   within  Cn0f  the  city  of 

said  city,   where  water   at  any  time  becomes  stagnant,  except  Middletown, 
lands  used  for  ordinary  farming  purposes,  situated  at  such  dis-^J^"^^ 
tance  from  the  densely  populated  parts  of  said  city  as  to  offer  lands: 
no  prejudice  to  the  health  of  the  citizens,  to  be  raised  and  fill- 
ed up  or  drained,  and  to  cause  all  putrid  and  noxious  substan- 
ces, whether  animal  or  vegetable,  to  be  removed,  and  to  cause 
all  nuisances  injurious  to  health,  to  be  abated,  suppressed  and 
removed 

SEC.  2.  And  to  effect  the  purposes  aforesaid,  said  court  of 
common  council  [said  common  council]  may,  from  time  to  time, 
as  they  shall  judge  it  conducive  to  the  health  of  the  inhabitants 
of  said  city,  give  orders  to  the  proprietor  or  proprietors  of  any  pr?Jto°r« terrain 
and  all  such  grounds,  subject  at  any  time  to  be  covered  with  the  same,  and 
stagnant  water,  to  fill  up  and  raise  such  grounds,  at  their  own^^.pel  comPli~ 
expense  ;  and   said  court   of  common  council    [said  common 
council]  may  designate  how  high  such  grounds  shall  be  filled 
up   and  raised,    and  may  limit  such  time  as  they"  shall   deem 
reasonable,   for  filling  up   and  raising  the  same;  and  if  such 
proprietor  or  proprietors  shall  neglect  to  fill  up  and  raise  such 
grounds,  in  such  manner  and  within  such  time  as  said  court  of 
common  council  [said  common   council]  shall  have  designated 
and  limited,  said  court  of  common  council  [said  common  coun- 


20         Nuisances. 


CHARTKK. 


Drains. 


cil]  may,  in  such  case,  appoint  and  employ  some  meet  person  or 
personsto  fill  up  and  raise  such  grounds,  and  may  adjust  and  liq- 
uidatethe  expense  thereof,  and  apportion  and  assess  the  same  up- 
no  such  proprietors,  and  make  a  rate  bill  thereof,  specifying  each 
proprietor's  share  of  such  expense,  if  there  be  more  than  one, 
and  appoint  a  collector  or  collectors  to  collect  such  assessment, 
and  pay  the  same,  within  such  time  as  said  court  of  common 
council  [said  common  council]  shall  limit,  and  to  such  person 
as  they  shall  appoint  to  receive  and  apply  the  same,  for  the 
purpose  of  defraying  such  expense  ;  and  said  court  of  common 
council  [said  common  council]  shall  cause  such  collector  duly 
to  account  for  the  amount  of  such  rate  bill,  and  the  mayor,  or 
one  of  the  aldermen  of  said  city,  shall  issue  a  warrant  of  dis- 
tress to  such  collector,  authorizing  him  to  collect  such  assess- 
ment of  such  proprietor  or  proprietors,  and  every  such  collect- 
or shall  proceed  in  the  same  manner,  and  have  the  same  pow- 
ers, and  be  under  the  same  regulations,  as  the  law  prescribes  in 
case  of  collectors  of  public  taxes:  provided,  that,  whenever  said 
court  of  common  council  [said  common  council]  shall  proceed 
When  part  or  according  to  the  powers  given  to  them  as  aforesaid  or  accord- 
pease  may^e  ™&  to  tnose  in  tne  next  section  given,  to  cause  any  such 
borne  by  city,  grounds  to  be  filled  up,  raised  or  drained,  or  said  drains  to  be 
altered,  cleansed  or  repaired,  the  said  court  of  common  council 
fsaid  common  council]  shall  be,  and  hereby  are  authorized  and 
empowered  in  every  instance  wherein  they  shall  be  of  opinion 
that  any  part,  or  the  whole,  of  such  expense  so  incurred,  ought 
to  be  borne  by  said  city,  or  can  not  be  obtained  from  any  pro- 
prietor or  proprietors,  to  order  and  direct  that  such  part  or  the 
whole  of  such  expense  shall  be  paid  out  of  the  treasury  of  said 
city,  and  to  draw  orders  on  the  treasurer  of  said  city  therefor. 
court  °f  common  council  [said  common  coun- 


May  designate       SEC.  3- 

whereand  how  cil]  shall  judge  it  conducive  to  the  hralth  of  the  inhabitants  of 
drains  shall  be  sa^  cftv  ^0  Open  an(j  establish  drains  in  said  city,  said  court  of 
opened.  rM  r  .  ,  .,-,  „  J  '  . 

common  council  [said  common  council]  may,  from  time  to  time 

designate  the  places  where  such  drains  shall  be  opened,  and  the 
length,  depth  and  width  thereof,  and  they  may  open  such  drains 
through  lands  of  individual  proprietors,  as  well  as  through  pub- 
lic highways,  and  may  alter,  cleanse  and  repair  the  same,  when 
laid  out  and  opened  from  time  to  time,  as-in  their  opinion  shall 
be  proper  and  necessary. 

And  to  effect  the  purposes  aforesaid,  said   court  of  common 

May  order  *^e  council  [said  common  council]  may,  from  time  to  time,  as  they 

land  "o  ppen°,    shall  judge  necessary,  give  order  to  the  proprietor   or   proprie- 

&t.,  drains.       tors'of  the  lands  wherein  or  whereon  such  drains  are  to  ba  laid 

out  and  opened,  altered,  cleansed  or  repaired,  to  open,  cleanse, 

alter,  and  repair  the  same  within  such  time  as  they  shall  deem 

reasonable  for  effecting  the  same,  and  if  such  proprietor  or  propri- 

etors, or  any  of  them  shall  neglect  to  open,  alter,  cleanse  or  repair 

such  drains,  in  such  manner,  and  within  such  time  as  said  court 

of  common  council  [said  common  council]  shall  have  designated 


Drains.  CHAPTER.  Nuisances.  21 

and  limited,  said  court  of  common  council  [said  common  coun- 
cil] may,  in  the  case  of  each  and  all  such  neglecting  proprietor 
or  proprietors,  appoint  and  employ  some  meet  person  or  persons 
to  open,  alter,  cleanse  or  repair  such  drains,  and  may  adjust  Incase  of  refu- 
and  liquidate  tlie  expense  thereof,  and  apportion  and  assess  the  ^^  assessed', 
same  upon  the  several  neglecting  proprietors  of  the  lands 
through  or  on  which  said  drains  are  located,  and  also  upon  the 
proprietors  of  such  grounds  as  are  drained  thereby  :  and  such 
assessment  or  assessments  shall  be  collected,  accounted  for, 
paid  over  and  applied  in  the  same  manner  prescribed  in  the 
preceding  section,  and  for  those  purposes  the  same  powers  are 
hereby  granted,  and  the  same  duties  enjoined. 

Provided  always,  that  if  any  person  shall  be  aggrieved  by  the 
doings  of  said  court  of  common  council  [said  common  council]  ed'may  prefer 
under  this  or  the  next  preceding  section  of  this  act,  he  or  she  complaint  to 
may  prefer  a  complaint,  in  such  matter  to  the  next  county superior  court- 
[superior]  court  to  be  holden  in  the  county  of  Middlesex,  by 
causing  a  true  copy  of  such  complaint  to  be  left  with  the  clerk 
of  said  city,  at  least  twelve  days  before  the  sitting  of  said  court. 
And  if  said  court,  on  hearing  of  such  complaint,  shall  be  of  the 
opinion  that  any  part  or  the  whole  of  such  expense,  so  incur- 
red, ought  to  be  borne  by  said  city,  said  court  shall  order  and 
direct  that  such  complainant  be  relieved  from  the  payment  of 
such  part,  or  from  the  whole  of  such  expense,  as  to  them  may 
appear  just  and  reasonable.  And  if  it  shall  appear  on  such 
hearing,  that  said  complainant  hath  actually  paid  any  sum  or 
sums  of  money,  in  the  matter  complained  of,  which  ought  to  be 
refunded,  said  court  may  grant  execution  therefor  in  favor  of 
said  complainant  against  said  city. 

SEC.  4.  Said  court  of  common  council,  [said  common  coun- Powers  of  com- 
cil]  by  themselves,  or  by  a  committee  of  their  own  number, 
which  they  are  hereby  authorized  from  time  to  time,  to  appoint,  ces. 
as  a  standing  committee  on  nuisances,  whenever  in  the  opinion 
of  said  court  of  common  council  [said  common  council,]  or  of 
their  said  committee,  it  shall  appear  necessary  and  conducive  to 
the  health  and  comfort  of  the  inhabitants,  to  order  and  cause 
all  putrid  and  offensive  substances,  of  every  kind,  in  said  city, 
to  be  removed,  and  to  order  and  cause  all  places  within  said 
city,  emitting  or  containing  noxious,  offensive,  or  pestilential  va- 
pors or  stenches,  to  be  cleansed  and  purified  at  the  expense  of 
the  owner  or  occupant  of  the  buildings  or  lands  wherein  or 
whereon  such  substances,  or  the  places  emitting  such  stenches 
may  be,  and  the  expense  thereof  shall  be  liquidated,  assessed, 
collected  and  paid,  in  the  manner  prescribed  in  the  second  sec- 
tion of  this  act,  and  to  this  end  the  same  powers  are  hereby 
granted,  and  the  same  duties  enjoined. 

SEC.  5.  And  this  act  shall  be  to  all  intents  and  purposes  a 
public  act. 


22     Police.  CHARTBR.  Gas  Company. 

An  Act  in  addition  to,  and  amendment  of  the  Charter  of  the 
City  of  MIddietown. 

May,  1853. 

Be  it  enacted  by  the  Senate  and  House  of  Representativss  in 
Common  coun-  General  Assembly  convened.  SEC.  1  That  the  court  of  common 
cilof  the  city  of  council  [the  common  council]  of  said  city  may,  from  time  to 
madda,et°oint  time,  appoint  such  number  of  persons  as  they  may  see  fit,  not 
special  consta-  exceeding  tn  the  whole  twenty-five,  as  special  constables  within 
bles.  said  city,  which  said  constables,  as  also  the  city  watch  now  or 

hereafter  to  be  appointed  by  said  court  of  common  council, 
[said  common  council,]  shall  take  the  oath  by  law  provided  for 
executive  officers  ;  and  said  constables  shall  hold  their  offices 
until  ten  days  after  the  next  annual  city  meeting  unless  sooner 
removed  by  said  court  of  common  council  [said  common  coun- 
cil;] and  said  constables  and  said  city  watch  shall  have  and 
exercise  the  same  powers  and  be  subject  to  the  same  duty  to 
preserve  the  peace  and  secure  offenders,  within  said  city,  as 
constables  have  and  are  in  their  respective  towns. 

SEC.  2.  If  any  person  shall  resist  or  abuse  such  special  con- 
Penalty  for  re- sables,  or  said  city  watch,  in  the  execution  of  their  respective 
sisting  or  abus- offices,  such  person  or  persons  so  offending  shall  be  liable  to  the 
8t4bSlesC<n- cit1  same  penalties  and  punishments  as  are  bylaw  provided  for 
watch.  resisting  or  abusing  any  justice  of  the  peace,  sheriff,  or  consta- 

ble, in  the  execution  of  their  offices. 


The  Middletown  Gas  Light  Company,  incorporated 

May,  1853. 

[Such  part  thereof  as  relates  to  said  city.] 
SEC.  2.  The  said  company  shall  be  empowered  to   lay  down 
their  gas  pipes,  and  to  erect  gas  posts,  burners,  and  reflectors, 
Gas  company    jn  the  streets,  alleys,  lanes,  avenues,  or  public   grounds   of  the 
erect  post^&c!  said  city  of  Middletown,  and  to  change   and   alter   the  same, 
instreets,  'ai-  fr0m  time  to  time,  as  occasion  may  require,  and  to  do  all  things 
whaunaimer    necessary  to  light  the  said  city,  and  the  dwellings,  stores,    and 
other  places  situated  therein.     Provided,  that  said  company,  in 
the  location  of  their  gas  works  and  in  laying  their    gas  pipes, 
and  erecting  gas  posts,  burners,  and  reflectors,  shall  be  subject 
to  the  orders  and  under  the  control  and   general   direction  and 
supervision  of  the  court  of  common  council  [the  common  coun- 
cil] of  said  city  of  Middletown  ;  and  that  the  streets,  side  and 
cross-walks,  public  grounds,  lanes,  and  avenues  shall  not  be  in- 
jured, but  shall  be  left  in  as  good  and  perfect  condition  as  before 


City  Election. CHAttCM. Highways.     23 

the  laying  of  said  pipes,  or  the  erection  of  said   posts  or  other 
fixtures. 


Amending  The  Charter  of  the  City  of  Middletown. 

May,  1854. 

SEC.  1.  [Superseded  by  Sec.  3,  Act  of  1856.] 

SEC.  2.  On  the  day  of  the  city  election  the  ballot  box  for  the  when  ballots 
choice  of  city  officers  to  be  chosen  by  ballot  shall  be  opened  at  j^*11  **  recenr" 
nine  o'clock,  A.  M.,    and  closed  at   two  o'cbck,    P.  M.,   after 
which  no  ballot  shall  be  received.     All  ballots  shall  be  laid  on  the 
lid  of  the  box,  and  put  into  the  box  by  the  sheriff  or  officer  hav-  . 

ing  the  custody  of  said  box  ;  and  the  name  of  each  freeman,  as 
he  shall  respectively  deposit  his  ballot,  shall  be  checked  on  the 
list  of  electors  last  perfected  by  the  town  of  Middletown,  if  said 
town  have  perfected  a  list  within  the  last  year  ;  if  not,  then  on 
a  list  which  shall  have  been  perfected  within  the  past  year  by 
the  court  of  common  council,  [the  common  council,]  whose  du- 
ty it  shall  be  to  perfect  such  list  when  the  town  have  none  pre- 
pared ;  if  his  name  does  not  appear  on  such  list,  it  shall  be  en- 
rolled by  the  clerk  of  said  city,  or  in  his  absence  or  inability,  by 
one  of  the  aldermen  or  common  council,  [councilmen,]  as  the 
mayor  may  designate.  None  of  the  ballots  shall  be  counted 
until  the  box  is  closed,  when  the  persons  whose  duty  it  is  to 
count  them,  shall  proceed  so  to  do. 


Amending  the  Charter  of  the  City  of  MidJletown. 

May,  1854. 

Be  it   enacted  by   the    Senate  amd  House  of  Representatives  in 
General  Assembly  convened.     SEC.  1.  The  said  city  of  Middletown  The  city  shall 
shall  have  power  and  authority,  and  it  shall  be  their  sole  duty  j£J*  ffiJJway  s 
to  make,  maintain,  and  repair  all  public  streets,  highways,  and  within  its  lim- 
roads,  within  the  limits  of  said  city,  and  for  that  purpose  they  its- 
may,  at  any  legal  meeting  of  said  city,  lay  taxes  and  collect  the 
same,  in  the  same  manner  as  is  now  provided  for  the  levy  and 
collection  of  the  other  taxes  of  said  city. 

SEC.  2.  In  all  cases  when  a  tax  shall    be  laid  and  collected,  Moneys  to  be 
or  a  sum  of  money  shall  be  appropriated  by  the  town  of  Mid-apPlied.t(?.h'gh- 
dletown,  for  the  purpose  of  making  and  repairing  the  high  way  s  ™ey  dTy'  r'a'ised 
and  roads  in  said  town,  it  shall  be  the  duty  of  the  selectmen  of  by  the  town 


said  town  to  ascertain,  determine,   and  fix  the  portion  thereof 
which  shall  be  applied  for  the  making  and  support  of  highways  treasury. 


i44 Highways.  CHAKTH.K,.  Street  Commissioner. 

and  streets  in  said  town,  within  said  city,  and  the  portion  there- 
of which  shall  be  applied  for  the  making  and  support  of  high- 
ways and  roads  in  said  town,  without  said  city  ;  and  such  sum 
as  shall  be  thus  apportioned  for  the  making  and  support  of  high- 
ways within  said  city,  shall  be  paid  into  the  treasury  of  said 
city,  to  be  expended  for  the  purpose  aforesaid,  as  is  herein  af- 
ter provided.  And  said  town  shall  not  be  obliged  to  make  or 
repair  any  road  or  highway  within  the  limits  of  said  city,  nor 
shall  said  city  be  obliged  to  make  or  repair  any  highway  or 
road  without  the  limits  thereof;  provided  always,  that  the  town 
of  Middletown  shall  be  liable  to  make,  build,  and  keep  in  repair 
all  bridges  in  said  town,  to  the  same  extent  as  if  this  act  had 
not  been  passed. 

SEC.  3.  All  moneys  raised   or  received  by  said  city,    for  the 
Power  given  to  purpose  aforesaid,  shall  be  laid  out  and  expended  under  the  di- 
counci™m         rection  and   control   of  the  court  of  common  council  [the  com- 
mon council]  of  said  city,   to  whom  all  powers  necessary  to 
make  and  repair  highways,  streets  and  roads  in  said  city,  and 
to  make  and  cause  to  be  executed,  all  such  orders  relating  there- 
to as  they  shall  think  proper,  are  hereby  given  ;  and  to  effect 
such  powers,  said  court  of  common  council  [said  common  coun- 
cil] may  from  time  to  time,  as  they  deem  it  expedient,  appoint 
from  their  own  number,  or  otherwise,  a   committee  of  one   or 

more,  whose  business  and  duty  it  shall  be  to  superintend  and 
May  appoint  a  ,.  ,,  .    ..  .f  ,  .  .    ,  •• 

street  commis-  direct  all  matters  relative  to  the  making,  maintenance,  and  re- 

eioner.  pairs  of  highways,  streets   and  roads  in  said   city,  and  to  exe- 

cute and  pursue  such  orders  as  said  court  shall  give  respecting 
the  same.  In  case  of  the  appointment  of  a  committee  or  high- 
way surveyor  as  aforesaid  said  city  shall  pay  him  such  reason- 
able compensation  for  his  services  as  said  court  of  common 
council  [said  common  council]  shall  from  time  to  time  deter- 
mine and  fix  ;  the  same  to  be  paid  in  the  same  manner  as  other 
charges  against  said  city. 

SEC.  4.  This  act  shall  take  effect  as  a  public  act. 


Amending  the  Charter  of  the  City  of  Middletown. 

May,  1856. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in   Gen- 
Name  of  the      eral  Assembly  convened  :     SEC.  1.  The  Corporation  now   existing 
corporation      and  known  by  the  name  of  "The  Mayor,  Alde.rmen,  Common  Coun- 
cil and  Freemen  of  the  City  of  Middl.etown,""s\\^\\  be,  remain,  and  con- 
tinue, a  body  politic  and  corporate  by  the  name  of  "  The  May- 
or, Aldermen,  Councilmen,  and  Freemen  of  the  City  of  Middletown," 
and  by  that  name  shall  have  perpetual  succession,  and  be  per- 
sons in  law  capable  of  suing   and  being  sued,  pleading  and  be- 


City  Limits.  CHARTER.  Annual  Meeting.     25 

ing  impleaded,  defending  and  being  defended,  in  all  courts  and 
places,  in  all  manner  of  actions,  suits  and  complaints  whatsoev- 
er, and  to  take,  purchase,  hold,  receive  and  enjoy,  and  to  sell, 
lease,  mortgage,  dispose  of,  and  convey  in  fee  simple,  or  other- 
wise, any  and  all  property,  real,  personal,  or  mixed,  and  may 
have  a  common  seal,  with  power  to  alter  the  same  at  pleasure, 
and  shall  have,  and  continue  to  exercise  and  enjoy  all  the  rights, 
immunities,  powers,  privileges,  and  franchises  now  belonging  to 
it,  and  shall  be  subject  to  all  the  duties,  liabilities,  and  obliga- 
tions now  resting  upon  it,  except  so  far  as  is  herein  otherwise  ex- 
pressly provided. 

SEC.  2.  That  the  limits  of  said  city  of  Middletown,  be  and  the 
same  are  hereby  defined  and  established  as  follows,  viz:  Begin- City  limits, 
ning  at  the  mouth  of  Little  river,  or  Ferry  river,  now  called 
Sebethe,  thence  in  a  direction  north,  forty  five  degrees  east,  to  the 
east  side  of  Connecticut  river,  at  high  water  mark:  thence  fol- 
lowing said  high  water  mark  southerly  along  the  east  bank  of 
)  said  Connecticut  river  to  Bodkin  rock,  situated  at  the  entrance 
to  the  narrows  on  said  river  ;  thence  across  said  Connecticut 
river,  in  a  direction  south,  thirty  degrees  west,  to  high  water 
mark  on  the  s^uth  bank  of  said  river  ;  thence  westerly,  following 
the  line  of  high  water  mark  along  the  south  and  west  banks  of 
said  river  to  the  mouth  of  Sumner's  or  Pameacha  creek  ;  thence 
southerly  and  westerly,  as  said  creek  runs,  following  the  main  or 
westerly  branch  thereof  to  the  mouth  of  a  small  stream  which  flows 
into  said  branch  from  Warwick's  ravine,  not  far  below  the  dam  at 
the  north  end  of  the  upper  Pameacha  pond  ;  thence  up  said  small 
stream  to  the  highway  leading  to  Micldlefield,  near  the  south  end 
of  High  street  :  thence  due  west  to  West  river,  formerly  called 
Mattabesett,  or  Little  river  ;  thence  northerly  and  easterly,  down 
said  West  river  as  the  same  runs,  to  its  junction  with  Little  riv- 
er, in  the  meadows  ;  thence  down  said  Little  river  as  the  same 
runs,  to  the  place  of  beginning  at  its  mouth  ;  including  the  waters 
of  said  West  and  Little  rivers,  Sumner's  or  Pameacha  creek,  and 
Connecticut  river,  within  the  preceding  limits ;  the  courses  of 
the  several  lines  given  above  in  degrees,  being  their  course  or  bear- 
ings as  compared  with  the  true  or  astronomical  meridian. 

SEC.  3.  There  shall  be  a  meeting  of  the  electors  of  said  city  Annual  city 
holden  annually  on   the   third  Monday   in  January   in  each  year  meeting 
for  the  purpose  of  choosing  a  mayor,  (whenever  a  mayor  is   to 
be  chosen  under  the   subsequent  provision  of  this  section,)    four 
aldermen,  eleven  councilnien,  a  recorder,  a  clerk,  treasurer,  city      '      *' 
assessor,  collector  of  city  taxes,  city  attorney,   two  sheriffs,  and 
eight  constables  who  shall  have  the  same  powers  as  town  consta- 
bles, all  of  whom,  or  so  many  as  each  of  the  electors  of  said  city 
choose  to  vote  for,  shall  be  voted  for  on  one  ballot,  having  their 
names,  with  the  office  for  which  they   are  respectively  intended, 
written  or  printed  thereon  ;  and  the  persons  having  the   greatest 
number  of  ballots  shall  be  declared  to  be  elected,  and  the  several 
aldermen,  councilmen,  and  sheriffs  shall  be  deemed  elected  in  the 
4 


2(5        Common  Council.  CHARTER.  General  powers. 

rtr.ier  of  prece-  order,  and  shall  take  rank  and  precedence  according  to  the  num- 
cience.  j^j.  of  ballots  they  may  receive  for  their  said  offices,   without  re- 

gard to  the  position  of  their  names  on  any  of  the  ballots.  But  in 
case  of  an  equality  of  votes  for  either  or  any  of  said  officers  so  elect- 
ed, then  the  common  council  shall  determine  the  rank  and  prece- 
dence of  said  officers  by  ballot  at  the  first  regular  meeting-  of  the 
common  council  thereafter,  and  in  case  there  shall  be  an  equality 
of  ballots  for  any  of  the  officers  of  said  city,  so  that  there  is  no 
election  of  any  particular  officer  or  officers,  then  a  new  election 
shall  be  holdeu  on  the  same  day  of  the  next  succeeding  week,  at 
the  same  hour  of  the  day,  to  supply  such  vacancy  or  vacancies. 
Mnyor's  elec-  ( rp^g  may0r  shall  be  elected  biennially — the  first  election  to  be  at 
tiun  Ueunial.  *•  •>  .  .  .  T  ioeo  \  A  n  m  e  •  ,  -^ 

the   annual  meeting  in  January,  1808.)     All  officers  of  said  city, 

other  than  those  above  named,  except  as  is  herein  otherwise  ex- 
pressly provided  for,  shall  be  chosen  by  the  common  council  of 
said  city,  and  all  the  officers  of  said  city  shall  hold  their  respective 
offices  until  others  shall  be  duly  appointed  and  qualified  in  their 
places. 

Orinmizationof  SEC.  4.  The  mayor,  aldermen,  and  councilmeu  of  said  city  shall 
c  .imuoii  coun-  constitute  and  be  a  body  known  and  denominated  "  The  Common 
cl1'  Council  of  the  City  of  Middletown,"  nine  of  the  members  of  which 

including  the  mayor,  or  person  acting  as  mayor  for  the  time  being, 
shall,  at  all  meetings  warned  and  held  according  to  law,  constitute 
a  quorum  for  the  transaction  of  any  business  that  may  properly 
r-werto  make  come  before  them,  and  the  common  council  so  convened  shall  have 
power,  by  a  major  vote  of  those  present,  to  make  and  ordain  by- 
laws or  ordinances  : 

Relative  to  markets  and  commerce  Avithinthe  limits  of  said  city  ; 
Relative  to  persons  to  attend  and  serve  as  jurors  in  said  city  ; 
Relative  to  the  streets,  highways,  public  grounds,  sewers,  drains 
and  gutters  of  said  city,  and  relative  to  making,  paving,  repair- 
ing and  using  the  same  ; 

Relative  to  hacks,  carriages,  carts,  tj-ucks,  and  other  vehicles, 
and  the  prices  for  the  transportation  of  persons  and  property 
therein,  within  said  city  ; 

Relative  to  the  manner   of  warning   meetings  of  said  city  and 
common  council,  arid  the  time  and  place  of  holding  the  same  ; 
Relative  to  noise  and  disturbance  in  the  night  season  ; 
Relative  to  licensing  cartmen,  truckmen,  butchers,  bakers,  and 
the  weight  of  bread,  petty  grocers  or  hucksters,  and  common  vic- 
tualers,  under  such  restrictions  and  limitations  as  to  said  common 
council  may  seem  necessary  and  proper  ; 
Relative  to  all  nuisances  in  said  cify  ; 

Relative  to  encumbrances  on  railroad  tracks  and  the  speed  of 
railroad  trains  in  said  city  ; 

Relative  to  telegraph  lines,  and  to  wharves  and  the  anchoring, 
moving  and  mooring  of  vessels,  within  the  limits  of  said  city  ; 

Relative  to  the  planting  and  preservation  of  trees  in  the  public 
streets  and  grounds  of  said  city  ; 


General  powers, CHARTKK, How  exercised     17 

Relative  to  trespasses  upon  persons  or  property,  public  or  pri- 
vate, in  said  city  ; 

Relative  to  walks,  buildings,  landing  places,  public  and  private, 
in  said  city  ; 

Relative  to  fires,  and  means  of  preventing  the  same  ; 

Relative  to  gunpowder  ; 

Relative  to  fire  crackers,  and  other  fire  works  ; 

Relative  to  fire  arms,  and  the  firing  thereof,  and  of  cannon,  with- 
in the  limits  of  said  city  ; 

Relative  to  the  beating  of  drums,  and  the  ringing  of  bells  within 
said  city  ; 

Relative  to  water  works  and  the  water  fixtures  of  said  city,  and 
the  use  of  the  same  ; 

Relative  to  the  cleanliness  and  health  of  the  said  city  ; 

Relative  to  gas,  gas  fixtures,  and  public  lights  of  said  city,  and 
use  of  the  same  ; 

Relative  to  the  oaths  and  bonds  of  the  officers  of  said  city,  to 
secure  a  full  and  faithful  discharge  of  their  duties  ; 

Relative  to  all  fines  and  penalties  incurred  by  any  breach  of 
any  of  the  by-laws,  ordinances  or  lawful  orders  of  the  common 
council  of  said  city  ; 

Relative  to  the  city  watch  ; 

Relative  to  the  burial  of  the  dead  and  the  protection  and  pres- 
ervation of  the  public  burial  grounds,  and  the  fences,  posts,  rail- 
ings, monuments,  trees  and  shrubbery  within  and  around  the  same  ; 

Relative  to  the  restraint  of  all  kinds  of  animals  from  going  at 
large  within  the  limits  of  said  city  ; 

Relative  to  the  removal  and  disposal  of  all  nuisances,,  incum- 
brances  and  obstructions  in  the  streets,  highways,  walks  and  oth- 
er places  in  said  city, 

And  relative  to  any  and  all  other  subjects  that  shall  be  deemed 
necessary  and  proper  for  the  protection  and  preservation  of  the 
health,  property  and  lives  of  the  citizens, 

And  to  inflict  penalties  for  the  breach  of  any  and  all  snch   by- 
laws, ordinances  and  orders  of  the  common  council  ;  provided  that  Limitation  of 
no  greater  penalty  shall  be  inflicted  for  any  one  violation  of  any  penalties, 
one  by-law,  ordinance,  or  order  of  the  common  council,  than  a  fine 
of  one  hundred  dollars,  and  the    forfeiture  of  goods  and  chattels 
of  the  value  of  one  hundred  dollars  ;  provided  that  all  the  by- 
laws made  by  said  common  council  shall  be  approved  by  said  city 
in  legal  meeting  assembled,  and  after  being  so  approved  shall   be 

published  at  least   three  weeks  successively  in  at  least  one  news-  By-laws  to  be 

.  i     •  .         if  ,  i     11  i        f  rj-A  i   approved  «nd 

paper  in  said  city  ,   before  *the  same  shall  be  of  any  validity  ;  al- published. 

ways  provided  that  no  by-laws  of  said  city  shall  be  made  repug- 
nant to  the  laws   of  this  state  or  the  United   States  ;  and  that 
the  by-laws  of  said  city  shall  at  any  time,  upon  application  made 
within  six  months  after  they  are  made,  be  liable  to  be  repealed  by 
nny  superior  court  holden  in  Middlesex  county,  if  by  such  superi-  ^a?  bgeu p'^!~ 
or  court,  on  a  hearing,  the  same  be  adjudged  unreasonable  and  un- court, 
just. 


28       Health. 


CHARTER. 


Highways. 


Cleaning  of 
docks. 


SEC.  5.  The  common  council  shall  constitute  and  be  a  board  of 
Common  conn-  health  in  said  city,   and  as  such,    shall  hare  and  execute  all  snch 

oil  a  board  of    pOwer  an(|  authority  as  shall  be  necessary  and  proper  for  the  pro- 
health.  J  ..  „  ,  ,        ,         ,.,        -.-.,  ..f 

motion  and  preservation  ot  the  health  of  the  citizens  and  the  pre- 
vention of  the  spread  of  disease,  and    may  make  and  cause  to  be 
Health  commit-  executed  all  such  orders  in  relation   thereto  as  may   be  necessary 
tee, their  power  an(j  proper,  and  may  appoint  such  health   committee  or  commit* 
and  authority.  te&g^  ^^  guCQ  pOwer  ancj  authority  in   relation  thereto  as  they 

shall  judge  expedient  ;  and  the  common  council  or  such  health  corn- 
Removal  of  mittee  in  said  city  may  cause  all  filthy,  putrid  or  unhealthy  sub- 
substances  inju-  stances  of  every  kind,  and  all  other  substances  which  they  shall 
rious  to  health,  deem  injurious  to  the  health  or  cleanliness  of  its  citizens,  to  be  re- 
moved at  the  expense  ef  the  proprietor  or  proprietors,  or  occu- 
pants of  the  land  or  building  in,  upon  or  in  front  of  which  said  sub- 
stance may  be,  or  of  the  person  or  persons  causing,  suffering  or 
continuing  the  same  ;  and  for  that  purpose  may  after  giving  reas- 
onable notice  to  the  proprietor  or  occupant,  enter  into  and  upon 
all  lands  and  buildings  of  every  description,  and  into  all  vessels, 
boats,  cellars  and  other  places  in  said  city  And  said  common 
council  or  committee  may,  after  giving  reasonable  notice  to  the  pro- 
prietor or  occupant,  cause  all  docks  in  said  city  to  be  cleaned  out, 
filled  up  or  altered,  when  necessary,  for  the  preservation  of  the 
health  of  the  city,  at  the  expense  of  the  owners  or  occupant  or  oc- 
cupants thereof,  or  the  proprietor  or  proprietors,  or  occupants  of 
the  land  or  lands  and  buildings  fronting  said  docks.  And  the  said 
common  council  shall  liquidate,  adjust  and  apportion  the  expense 
of  cleaning  out,  filling  up  or  altering  the  same  among  the  persons 
liable  to  pay  the  same,  after  giving  them  reasonable  notice  to  ap- 
pear and  be  heard  in  relation  thereto,  and  may  thereupon  order 
the  same  to  be  paid  by  each  person  accordingly 

SEC.  6.  The  common  council  of  said  city  shall  have  power  and 
authority  to  lay  out  new  highways,  streets,  public  walks,  public  av- 
enues and  public  landing  places  in  said  city,  and  to  alter,  extend  or 
enlarge  any  highway,  street,  public  walk,  public  avenue,  or  public 
landing  place  in  said  city,  and  to  discontinue  or  exchange  the  same 
for  other  highways,  streets,  public  walks,  public  avenues  or  public 
landing  places  in  said  city,  and  to  make  and  cause  to  be  executed 
all  such  orders  relating  thereto  as  shall  be  proper  and  necessary. 
Any  public  highway,  public  street,  public  avenue,  public  walk,  or 
public  landing  place  in  said  city,  may  be  opened  or  laid  out  by  any 
individual  with  the  consent  of  the  common  council  previously  there- 
to had  and  obtained,  expressly  authorizing  the  same  to  be  done, 
and  the  same  shall  become  and  be  a  public  highway,  public  street, 
pubHc  avenue,  public  walk  or  public  landing  place,  whenever  the 
same  shall  be  so  opened  and  laid  out,  and  a  survey  and  particular 
by  indi-  description  thereof  shall  be  made  by  the  party  so  opening  the  same, 
viduaia  must  be  and  shall  be  approved  and  accepted  by  the  common  council  and 
ma^vote  ^recorded  *n  tue  records  thereof;  but  no  public  highway  or  publie 
"he'common  landing  place  in  said  city  shall  be  opened  cr  laid  out  by  any  iadivid- 
council.  ual,  unless  by  a  vote  of  a  majority  of  the  common  council  previous- 


Power  of  the 
common  coun- 
cil in  relation 
to  highways, 
streets,  &c. 


Laying  out  of  highways.  CHARTER.  Preceedings.  2£ 

ly  thereto,  expressly  authorizing  the  same  to  be  done  ;  and  a  sur- 
vey and  particular  description  of  the  same  made  by  the  i  arty 
opening  the  same,  be  accepted  by  the  common  council  and  re- 
corded in  the  records  thereof. 

SEC.  7.  Before  the  common  council  shall  determine  to  lay  out,  P'fh^ayts>  *° 
alter,  extend  or  enlarge  any  highway,  street,  public  walk,  pub-p"0vedTn  cfty 
lie  avenue  or  public  landing  place,  in  said  city,  they  shall  sub- meeting, 
mit  the  same  for  approval  to  a  city  meeting  duly  and  special- 
ly warned  for  that  purpose,  and  if  approved,  they  shall  give 
notice  to  the  owner  or  owners  of  the  land  upon,  over  or  through 
which  the  same  is  intended  to  be  laid  out  or  altered,  to  appear  Notice  to  own. 
before  said  common  council,  and  be  heard  in  relation  thereto,  ers  of  land, 
which  said  notice  shall  be  in  writing,  signed  by  the  mayor,  or 
one  of  the  aldermen  of  said  city,  and  shall  be  served  by  reading  How  served, 
the  same  in  the  presence  and  hearing  of  said  owner  or  owners, 
or  in  their  absence  from,  or  residence  without  the  state,  in  the 
presence  and  hearing  of  the  occupant,  or  person  having   the 
care  of  the  same,  or  by  leaving  a  true  and  attested  copy  at  his 
or  their  usual  place  of  abode,  by  either  of  the  sheriffs,  or  by  any 
indifferent   freeman  of  said   city,   at  least  ten  days  before  the 
meeting  of  said  common  council  on  said  subject  ;  and  thereup- 
on, at  the  time  and   place  mentioned  in  said  notice,  and  at  any 
regular  adjourned  meeting  therefrom,  said  common  council  shall 
hear  all  the  parties  in   interest,  that  may  appear  before  them  ; 
and  if  after  such  hearing,  said  common  council  shall  determine 
to  lay  out,  alter,  extend  or  enlarge  said  street,  highway,  public 
walk,  public  avenue  or  public  landing  place,  then  it  shall  be  the  Common  conn- 
duty  of  said  common  council   by  themselves  or  a  committee  by  with°  owners  of 
them  appointed  for  that  purpose,  to  make  such  lay  out  or  alter- lend  respecting 
ation,  and  to  agree  with  the  persons  specially  interested  there-  Damages  or  Len- 
in respecting  the  damage   or  benefits,  as  the  case  may  be,  re- 
sulting to  them  respective]}'  from   said  lay  out  or  alteration; 
and  in  case   said   common   council  or   said  committee  cannot 
agree  with  all  said  persons  respecting  said  damages  and  bene- 
fits, then  it  shall  be  the  duty  of  the  mayor,  or  inliis  absence  of 
the  senior  alderman  present  in  said  city,  to  appoint  three  ju-  Appraisers, 
dicious  and  disinterested  freeholders  of  said  city  to  estimate  *dhenappoint" 
and  appraise  the  damages  that  may  be  sustained  by  any  per- 
son or  persons  with  whom  said   common  council  or  committee 
cannot  agree,  above  and  upon  the  special  benefits  he  or  they  may 
receive  from  said  lay  out  or  alteration,  and  also  to  estimate  and 
appraise  the  benefits   that  may  accrue  to  any  other  person  or 
persons  with  whom  said  common  council  or  committee  cannot 
agree,    above  and  beyond  the   damages  sustained  by  him   or 
them   by  said  lay   out  or    alteration,   and  report  said  damages 
and  benefits,  and  the  persons  to  whom  they  respectively  belong, 
thus  ascertained,  to  the  common  council.     Before  said  freehold- MDS<  be  ?wnra 
ers  shall  proceed   to  execute  the  duties  of  their   said  appoint-S^lasd  «•'* 
ment,  they  shall  be  sworn  to  a  faithful  and  impartial  discharge  corded, 
of  their  Baid  duties  by  the  person  so  appointing  them,  and  a  cer- 


30     Highways.  CHARTER.  Laying  out  of. 

tificate  of  their  said  appointment,  and  the  administration  of 
said  oath,  shall  be  made  under  the  hand  of  the  person  thus  ap- 
pointing them,  and  recorded  in  the  records  of  the  common 
Must  give  no-  council.  And  it  shall  be  the  duty  of  the  said  freeholders  to 
£iye  notice  to  tne  parties  specially  interested  in  said  lay  out  or 
alteration,  in  the  same  manner  as  in  this  section  is  above  pro- 
vided, to  be  present  at  such  time  and  place  as  shall  be  designat- 
ed in  said  notice,  to  be  heard  in  relation  to  the  assessment  of 
said  damages  and  benefits,  and  at  the  time  and  place  mentioned 
in  said  notice  and  at  any  other  times  and  places  to  which  said 
freeholders  may  adjourn  therefrom,  said  freeholders  shall  pro- 
ceed to  hear  the  parties  in  interest  Avho  may  appear  before 
them,  and  shall  thereupon  ascertain  and  determine  what  per- 
son or  persons  will  be  damaged  by  said  lay  out  or  alteration, 
and  the  amount  thereof  over  and  above  any  special  benefits  he 
or  they  may  receive  thereby,  and  also  what  other  person  or 
persons  will  be  specially  benefited  by  said  layout  or  alteration, 
and  the  amount  thereof  over  and  above  any  damages  he  or  they 
may  receive  thereby,  and  they  shall  thereupon  report  the 
t0  arnoun*  °^ tne  damages  and  benefits  thus  ascertained  and  de- 
council  the' a-  termined,  and  the  names  of  the  persons  to  whom  the  same  be- 

mount  of  dam- iong  respectivelv,  to  the  common  council,  who  may  accept  said 
acres  and  bene-  "  ' ,  . ,  „       ,     ,',         «•      .1     •  .j 

fits  determined,  report  or  return  the  same  to  said  freeholders  lor  their  reconsid- 
eration and  correction  ;  and  upon  the  acceptance  of  said  report 
Common  coun.it  shall  be  the  duty  of  the  clerk  of  the  common  council  to  re- 
reconsiderTtion  cor(^  ^'e  same   m  the  records  of  the  common  council   and  give 
of  report.         notice  thereof  to  the  parties    interested  therein    accordingly  ; 
provided,  that  the  whole  amount  of  benefits  assessed  for  any  par- 
ticular lay  out  or  alteration  shall  not  exceed  the  whole  amount 
of  damages  assessed  on  account  of  said  lay   out   or   alteration. 
And  the  common  council  shall  order  the  damages  thus  assessed 
danrages.°        an^  determined  to  be  paid  to  the  persons  to  whom  they  belong 
respectively,  out  of  the  treasury  of  said  city,  and  shall  order  the 
benefits  thus  assessed  and   ascertained  to  be  paid  by  the  per- 
sons upon  wlrftm  they  are  assessed  respectively  into  the  treasu- 
ry of  said  city,    within   such  time  as   they  shall  judge  just  and 
Assessments .of reasonable  to  limit  and  appoint :  and  the  assessments  of  ben e- 

benefits   a  lien  ,,.  j       ,     ,,  ,  ..  I          .    *     ,.  ,  .   , 

upon  the  land,  fits  so  made  shall  be  ana  remain  a  hen  upon  the  land  on  winch 
they  are  respectively  made,  and   in  default  of  payment  of  the 
same,  maybe  collected  out  of  said  land  in  the  same  manner  as 
town  taxes  are  collected  ;  and  it  shall  be  the  duty  of  said  com- 
mon council  to   make  a  survey  of  said  lay   out  or  alteration, 
Survey  to  be    with  a  particular  description  thereof,  which  being  accepted  by 
the  common  council,  shall  be  signed  by  the  mayor,  or  in  his  ab- 
sence, by  the  senior  alderman  present  in  said  city,  and  record- 
ed in  the  records  of  said  common    council  ;  and  the  said   corn- 
Common  conn-mon  council  shall  limit  the  time  within  which  said  street,  high- 
oil  to  limit  thewfty(  pUDiic  Walk,  public  avenue  or  public  landing  place  so  laid 
ing6a highway .°ut  or  altered,  shall  be  opened,    and  at   the  expiration  of  the 
time  so  limited,  may  adopt  any  or  all  such  measures,  and  make 


Highways.  CHARTER.  Laying  out  of.    31 

—  »  -  —  -  —  —  -  -  —  --  • 

and  cause  to  be  executed  all  such  orders  as  shall  be  necessary 
and  proper  to  appropriate  the  same  to  the  purposes  for  which 
the  same  was  laid  out  or  altered  ;  provided  that  no  street,  high- 
way, public  avenue  or  public  landing  place,  shall  be  opened,  Damages  to  be 

-..'  fi         i  i       i     it  u  -j          j  •,     1    •      Ai   'deposited  in 

until  the    damages   assessed   snail  be  paid  or  deposited  in  the  the  city  treasu- 
city  treasury  for  the  use  of  the  person  to  whom  the  same  may  ry. 
belong. 

SEC.  8.  All  persons  aggrieved  by  the  estimate  of  freeholders, 
or  of  damages  occasioned  by  any  lay  out,  alteration  or  design  a  •-  grieved"  ma'y  a  p 
tion  of  lines  made  according  to  the   provisions  of  this  act,    and  ply  to  a  judge 
all  persons  aggrieved  by  the  assessments  by  them  respectively  ot  l^e  sui)erior 
ordered  to  be  paid,  according  to  the  provisions  of  this  act,  may  °° 
within  twelve  days  after  notice  of  such  estimate  or  assessment, 
apply  by  petition  to  any  judge  of  the   superior  court  for  a  re- 
estimate  of  such  damages  or  a   re-assessment  of  the   sums  by 
them  ordered  to  be   paid,  giving   reasonable   notice   in    writ- 
ing to  the   clerk  of  said   city,  of  the  time  and  place,  when  and 
where,  and  the  judge  to  whom    such  application  will  be  made. 
And  said  judge  shall  appoint  three  judicious,  disinterested  free- 
holders of  said  city  of  Middletown,  to  re-estimate  said  damages  ^ej^udge  shall 
or  re-assess  the  benefits  ordered  to  be  paid  as  aforesaid  ;  and  erJ!° 
said  freeholders  shall  re-estimate  said  damages  or  re-assess  the 
sums  or  benefits  ordered  to   be  paid  as  aforesaid,  under   oath, 
and  make  report  of  their   doings  to  said  judge,  who  shall  have 
authority  for   any  cause  which  he  shall  judge  sufficient,  to  set 
aside  such  report,  to  correct  the  same,  to  order  another  esti-  ^m^jori? 
mate  or  assessment  to  lie  made,  or  to  make  such  order  thereon  correct  it  &c. 
an  to  justice  shall  appertain.     If  upon  any  such  application  for 
ri'-c^timutr  of  damages,  said  damages  shall  be  increased  or  the 
amount  of  benefits  assessed  shall  be  decreased  by  said  freehold-  Cos*  of  .™ch 
suh  alication  shal  11™' 


ers,  the  cost  of  such  application  shall  be  paid  by  said  city  ; 
crwtse  they  shall  be  paid  by  such  applicant. 

SEC.  9.  The  common  council  of  said  city   shall  be  and  they 
hereby  are  authorized   and  empowered  to  designate  aline  or  Common  conn- 
lines  on  the  lands  of  anv  proprietor  or  proprietors  adjoining  cv-cil  may  dwrig- 

i.i  i  r  11  ii-  '          11     nate  building 

ery  highway,  street   or  public  walk,  or  public  avenue  already  ]iues. 
laid  out,  or  hereafter  to  be  laid  out  in  said  city,  between  which 
line  and  such  highway,  street,  public  walk  or   public  avenue, 
no  building  or  part  of  a  building  shall  be  erected,  provided  such 
lines  shall  not  be  more  than  fifteen  feet  distant  from  such  high- 

way. street,  public  walk,  public  avenue.     When  said  common  Li™u?tion  of 

-     .,     ,     ,,1         i  ,.  ,.  ,  such  hues. 

council  shall  so  designate  a  line  or   lines  on  the  lands  of  such 

proprietor  or  proprietors,    they  shall  give  such  proprietor  or 
proprietors  reasonable  notice  to  be  present  at  the  time  such 
designation  shall  be  made.     And  in  making  such  designation, 
due   regard  shall  lie  had  to  the  general  line  of  such  highway, 
street,  public   walk  or   public  avenue  ;  and  a  survey  shall  be 
made  by  direction  of  said  common  council,  containing  a  partic-  ^ch'iinesto  be 
ular  description  of  such  line  or  lines,  with  the  quantity  of  land  made  and  re- 
on  which  the  proprietor  or  proprietors  arc  prohibited  to  build,  corded. 


32     Penalties.  CHARTER.  Sewers. 

— — f— 

which  being  accepted  by  said  common  council,  shall  be  signed 
by  the  mayor  or  senior  alderman,  and  recorded  in  the  records 
of  said  common  council  ;  and  the  damages  done  to  such  pro- 
°f  prietor  or  proprietors  by  such  designation,  shall  be  estimated  by 
three  judicious,  disinterested  freeholders  of  said  city,  who  shall 
be  appointed  and  sworn  by  the  mayor,  or  in  his  absence  by  the 
senior  alderman  of  said  city,  and  a  certificate  thereof  shall  be 
made  and  recorded  in  the  records  of  said  common  council,  and 
it  shall  be  the  duty  of  said  freeholders  to  make  returns  of  their 
doings  to  the  clerk  of  said  common  council,  who  shall  record 
the  same. 

SEC.  10.  Any  person  or  persons  who   shall  contrary   to  the 
Provisi°ns  °f  thisact,  erect  any  building  or  part  of  building,  be- 
Sec.  a.  tween  any  line  designated,  as  is  by  this  act  provided,  on  any 

highway,  street,  public  walk,  or  public  avenue  in  said  city,  shall 
forfeit  and  pay  for  the  use  of  said  city,  a  fine  not  exceeding 
one  hundred  dollars,  and  in  addition  to  such  fine,  all  such  build- 
ings shall  be  annually  assessed  four  fold  in  the  list  and  ratable 
estate  in  said  city  of  Middletown. 

SEC    11-  The  common  council  of  said  city  shall  have  power 
and  authority,  as  they  shall  judge  needful,  to  construct,  or  cause 
Common  coun-^o  be  constructed,  a  sewer  or  sewers  within  the  limits   of  said 
cilmayc»n-      city,  through  or  along  any   highway  or  highways,   or  public 
struct  sewers.    prrouncis  in  said  city,  or  across,  through,  in  or  upon  the  land  or 
lands  of  any  person  or  persons,  for  the  purpose  of  draining  any 
low,  wet,  or  swampy  portion  of  said   city.     And   the  common 
council  and  the  mayor  and  other  officers  of  said  city,  in  locating, 
laying  out,    establishing   and  building,  and  constructing  said 
sewer  or  sewers,  and  the  assessing  the   damages  and   benefits 
that  may  result  to  any  person  or  persons  thereby,  shall  have  the 
'    same  power  and  authority,  and  proceed  in  the  same  manner,  as 
is  herein  provided    in  case  of  laying  out  or   altering  streets, 
highways,  public  walks,  public  avenues,  or  public  landing  pla- 
ces in  said  city. 

SEC.  12.  This  act  may  at  any  time  be  altered,  amended,  or 
Repea1.  repealed  at  the  pleasure  of  the  general  assembly. 

SEC.  13.  This  act  shall  be  to  all  intents  and  purposes  a  public 
act,  and  shall  not  take  effect  until  the  same  shall  be  accepted  by 
said  city  of  Middletown,  at  a  city  meeting  specially  called  for 
This  act  mrst   that  purpose,  and  it  shall  be  the  duty  of  the 'clerk  of  said   city 
be  accepted.,    to  cause  a  certified  copy  of  the  vote  of  acceptance  to  be  record- 
ed in  the  office  of  the  secretary  of  state. 


PART  II. 

GENERAL  ACTS  IN  RELATION  TO  CITIES. 


Offenses  against  Decency  and  Morality. 

June  5,  1830. 

From  the  Statutes,  Compilation  of  1854,  page  341. 

SEC.  138.  [Anatomical    or  surgical  experiments   upon  dead 
'bodies  in  any  medical  institution  or  appurtenances,  except  un- 
der certain  restrictions,  prohibited.] 

SEC.  139.  The  mayor  and  t\vo  senior   aldermen  of  any  city,  inspection  of 
and  the  selectmen  of  any  town  in  which  such  college,  academy,  colleges,  &o, 
school,  or  medical  institution,   may  be  located,  shall  have   au- 
thority, at  all  times,  to  enter  and  inspect  every  part  of  such 
building. 


An  Act  Authorizing  the  Inspection  of  Leather,  Hides  and  Skins. 

June  9,  1841. 
From  the  Statutes,  Compilation  of  1854,  page  627. 

SEC.  33.  The  several  cities   in  this  state  may  make  by-law8 
regulating  the  inspection  of  leather,   hides   and   skins,  within 
their  respective  limits.     Provided,  that  no  penalty  imposed  for  Inspection  of 
the  violation  of  any  such  by-law,  shall  exceed  twenty  dollars  leatber»  *c 
for  one  offense. 

5 


34      Hacks. CHARTER. Carriages.. 

An  Act  concerning  the  Driving  of  Carriages  and  the  Manage- 
ment of  Steamboats. 

June  20,  1848. 

From  the  Statutes,  Compilation  of  1854,  page  399. 

SEC.  4.  The  court  of  common  council  of  the  respective  cities 
of  this  state,  may,  from  time  to  time,  make  such  orders,  rules 
Common  conn- and  ordinances  as  they  may  deem  necessary  for  the  regulation 
oil  may  regu-  Of  the  public  hacks  or  other  public  carriages  for  the  conveyance 
ifack^Tafld  car-<>f  passengers  in  said  cities  respectively  ;  may  establish  the 
ria^es,  and  es-  rates  of  fare  for  the  conveyance  of  any  passengers  to  or  from  any 

tabiish  rates ^of  steamfooat  landing  or  railroad  depot  or  station,  or  other  place  or 
fare  without  the  .  ,  .       ,   °,.     .        ,,        ,    l .  '.  ,11.1 

concurrent  ac-  places  within  the  limits  of  such  city  ;  may  assign  and  establish 

tion  of  a  city    suitable  and  convenient  stands  for  such  hacks,  or  other  public 
meeting.          carriages,  in  the  streets,  at  the  steamboat  landings  and  railroad 
stations,  in  such  cities  respectively  ;  may  make  all  necessary 
rules  and  orders  for  the  safe  and  orderly  occupation  of  such 
stands  ;  may  prescribe  such  penalties  for  each  and  every  viola- 
Penalty,          tion  of  any  such  order,  rule,  ordinance  or  regulation,   as  they 
may  deem  proper,  not  exceeding  thirty-four  dollars  for  any  one 
offense. 

SEC.  5.  All  such  orders,  rules,  regulations  and  ordinances, 

shall  be  certified  by  the  clerk  of  said  common  council,  and 

mu?t  be'pub-    published  in  one  or  more  newspapers  published  in  said  cities 

Hehed.  respectively,  at  least  once  a  week,  for  three  weeks  before  the 

same  take  effect. 

SEC.  6.  Every  driver,  owner  or  person  having  charge  of  any 
public  hack,  or  other  carriage  for  the  conveyance  of  passengers, 
_     ..  who  shall  refuse  to  conform  to  any  such  order,  rule,  regulation 

or  ordinance,  so  made  and  published  as  aforesaid,  or  who  shall 
in  any  respect  violate  any  such  order,  rule,  regulation  or  ordi- 
nance, so  made  and  published,  shall  forfeit  and  pay  to  the  treas- 
urer of  the  city  to  which  they  shall  respectively  belong,  such 
fine  as  shall  be  by  said  court  of  common  council  prescribed  there- 
for. 

IN  ADDITION,  JUNE  22,  1850.  That  whenever  final  judgment 
shall  be  rendered  against  any  person,  under  and  by  virtue  of 
and 'bow  en?**  *ke  sixth  section  of  the  act  to  which  this  is  an  addition,  for  the 
forced  if  not  fine  or  forfeiture  thereby  incurred  and  for  costs,  if  such  person 
8^a^  not  Pa^  t^ie  same  ^thin  thirty  days  after  the  judgment 
Q^H  fce  rendered,  he  shall  be  committed  to  the  work-house  in 
the  town  where  he  dwells,  to  be  kept  at  hard  labor  not  exceed- 
ing twenty  days,  or  the  county  jail  in  the  county  where  the 
defendant  dwells,  there  to  be  kept  in  close  confinement  not  ex- 
ceeding a  like  term  of  twenty  days  ;  and  the  court  before  which 
judgment  shall  be  had,  shall  issue  execution  accordingly.  Pro- 
vided, that  in  case  the  person  thus  committed  shall  be  unable 


Ninepin  Alleys.  _  CHARTER.  _  Billiard  Tables.    35 

to  pay  the  expense  of  his  support  in  the  work-house  or  jail,  the  Proviso,  rela- 
same  shall  be  paid  by  the  plaintiff  :  and  provided  also,  that  if  Se?impn£ro! 

' 


,  e 

such  person  shall  pay  such  execution,  costs,  and  expenses,  he  m«nt.' 
shall  be  thereupon  released  from  the  work-house  or  jail. 


Offenses  against  Public  PoEcy. 

June  27,  1848. 

Prom  the  Statutes,  Compilation  of  1854,  page  329. 
NINEPIN  ALLEYS. 

SEC.  105.  Every  person  who  shall  keep  in  his  custody  or  pos-  Ninepin  aileyi 
session,  or  in  any  house,  or  building,  or  its  appurtenaces,  or  in  peSiS^d'by 
any  place  in  his  occupation,  any  ninepin  alley,  so  called,  or  place  town,  borough 
in  his  occupation,  any  ninepine  alleys,  so   called,   or   place  for  °.r  city  autQ°n- 
playing  bowls,  skittles,  or  nine  pins,  whether  more  or  less  than  Penalty  850. 
nine  pins  are  used  in  such  play,  shall  be  punished  by  fine,  not 
exceeding  fifty  dollars,  nor  less  than  seven  dollars.     Provided, 
that  the  selectmen,  or  a  major  part  of  the  selectmen,  of  any 
town,  may,  by  an  instrument  in  writing  under  their  hands,  au- 
thorize such  an  alley  to  be  kept  at  any  place  IB  their  respective 
towns,  not  included  within  the  limits  of  any  city,  or  borough, 
duly  incorporated  by  the  laws  of  this  state  ;  and  the  mayor,  ^cSffiiS 
aldermen,  and  common  council,  of  any  such  city,  or  a  majority  poses  only. 
of  them,  or  the  wardens  and  a  majority  of  the  burgesses  of 
any  such  borough,  may,  in  like  manner,  authorize  such  an  alley 
to  be  kept  at  any  place  in  such  city,  or  borough,   respectively, 
when  said  selectmen,  or  other  authorities,  shall  be  satisfied  the 
same  will  be  used  solely  for  the  purpose  of  health  and  recrea- 
tion, in  which  case  said  penalty  shall  not  be  incurred  ;  and  it 
shall  be  the  duty  of  said  selectmen,  or  said  other  authorities, 
to  revoke  the  liberty  given  by  them,  whenever  any  such  alley 
shall  be  used  contrary  to  the  intent  of  this  section.     One  half  Penalty,  how 
the  penalty  recovered,  and  actually  received,  from  any  person  disposed  of. 
for  any  violation  of  this  section,  shall  be  paid,  under  the  order 
of  the  court  having  cognizance  of  the  offense,  to  the  person  who 
shall  complain,  and  furnish  evidence,  to  any  informing  officer,  of 
such  violation. 


BILLIARD  TABLES. 


SEC.  106.    Every  person  who  shall  keep  in  his  custody,  or  Billiard  table* 
possession,  or  in  any  house,  or  building,  or  its  appurtenances,  or  Proh'bit*d,nn- 
in  any  place  in  his  occupation,  one  or  more  billiard  tables,  shall  town!  tourouS 
be  punished  by  a  fine,  not  exceeding  two  hundred  dollars.  or  city  aathori- 
Pracided,  that  the  selectmen  and  grand  jurors  of  any  town,  or  pe^jtv  $100 
the  major  part  of  such  selectmen  and  grand  jurors,  may,  by  an 
instrument  in  writing  under  their  hands,  authorize  one  or  more 


36     City  Meetings.  CHARTER.  Firemen  exempt- 

May  be  licensed  billard  tables  to  be  kept  at  any  placein  their  respective  towns.not 
for  certain  pur- included  within  the  limits  of  any  city,  or  borough,  duly  incorpo- 
poses  only.  rated  by  the  laws  of  this  state  ;  and  the  mayor,  aldermen,  and 
common  council,  of  any  such  city,  or  a  majority  of  them,  or  the 
warden  and  a  majority  of  the  burgesses  of  any  such  borough, 
may,  in  like  manner,  authorize  one  or  more  billiard  tables  to  be 
kept  at  any  place  in  such  city,  or  in  such  borough,  respectively, 
when  said  selectmen,  or  said  other  authorities,  shall  be  satisfied 
the  same  will  be  used  solely  for  the  purposes  of  health  and  re- 
creation, in  which  case  said  penalty  shall  not  be  incurred  ;  and 
it  shall  be  the  duty  of  said  selectmen,  and  grand  jurors,  or  said 
other  authorities,  to  revoke  the  liberty  by  them  given,  whenev- 
er they  shall  be  satisfied  that  such  table  or  tables,  are  used 
contrary  to  the  intent  of  this  section.  One  half  the  penalty 
recovered  from  any  person  for  a  violation  of  this  section,  shall 
be  paid,  under  the  order  of  the  court  having  cognizance  of  the 
case,  to  the  person  who  shall  complain,  and  furnish  evidence  of 
such  violation. 


An  Act  in  addition  to  "An  Act  concerning  Communities  and 
Corporations." 

June  22,  1849. 

CITY  MEETINGS.        OBJECT  TO  BE  SPECIFIED.'! 

Be  it  enacted  by  the  Senate  and  House  of  Representative*  in  Gen- 
eral Assembly  convened  : 

Every  warning  of  any  meeting  of  any  borough,  city,   ecclesi- 
°'    astical  society,  school  society,  school  district,   or   other   public 
community,  shall  specify  the  objects  for  which  such   meeting  is 
th«ir  objects,     to  be  held. 


An  Act  relating  to  Firemen. 

June  25,  1852. 

EXEMPT  FROM  JURY  SEBVICE. 

Bt  it  enacted  by  the  Senate  and  House  of  Representative  in    Gen- 
eral Assembly  convened  : 

SEC.  1.  That  all  persons  who  shall   be  members  of  any  fire 
froml.comPaiiy''  authorized   by  and  organized  under  the  laws  of  tin's 
itaryorjury      state,  and  all  persons  who   shall  be   engineers,   or   wardens  of 
•erviceand  pollany  fire  department,  in  any  of  the  towns  of  this  state,  shall  dur- 
ing the  time  of  such  service  be  exempt  from  serving  as  jurors  in 


Firemen  exempt.  CHARTER.  "Maine  Law."        37 

any  of  the  courts  of  this  state,  from  the  payment  of  poll  taxes,  g^  page  39 
and  from  the  performance  of  military  duty  except  in   the  case 
of  war  or  insurrection. 

EXEMPTION  AFTER  SIX  YEARS'  SERVICE. 

SEC.  2.  All  persons  who,   after  the  passage  of  this  act,  shall 
serve  six  successive  years  in  the  above-mentioned  capacity  ofpiremenjftfter 
firemen,  or  as  engineer  and  warden,  shall  he  and  remain  there- six  years'  ser- 
after  exempt  from  the  performance  of  military  duty,  except  in  ^p't^ror^mfi- 
the  case  of  war  or  insurrection,  from  serving  as  jurors  in  any  of  itary  or  jury 
the  courts  of  this  state,  and  from  the  payment  of  poll  tax  in  the  "e^ice  or  poll 
town  in  which  such  duty  and  service  is  performed. 

SEC.  3.  All  acts  and  parts  of  acts  inconsistent  herewith,  are 
hereby  repealed. 


An  Act  for  the  Suppression  of  Intemperance. 

June  22,  1854. 
SUCH  PARTS  AS  RELATE  TO  CITIES. 

SEC.  19.  Every  selectman,  and  every  constable,  within  his(,Maine  .      „ 
own  town,  and  every  mayor  and  every  alderman,  within  his 
own  city,  shall  have  the  same  powers  as  a  grand  juror,  to  in- Mayor  or  alder- 
stitute  and  conduct  prosecutions  for  all  violations  of  this  act  ;  men  may  pros- 
and  the  foes  of  such  selectman,  constable,  mayor  or  alderman, ecute  m  Cltics' 
for  such  services,  shall  be  the  same,  and  shall  be  paid  in  the  SEE  COMPILA- 
same  wav,  as  foes  of  grand  jurors  for  like  services.  TION  °^,0^85A'. 

toe*       a          i     T         n  Ai         •     i  s    i        .PAGES  830,834 

IK  ADDITION.  1854.     bEC.  1.  In  all  cities  the   judges  (a)    of,Qxgee        38 
[the]  police  courts  and  [*  *j  other  courts  and  the  [*  *]  may- 
ors, aldermen  and  other  officers,  who  noir  have  or  may  "hereafter 
have  jurisdiction  in  any  criminal  capes,  shall  severally  and  in- 
dividually have  and  exercise  within  their  respective  cities,  con- Judges  of  po- 
currently  with  justices  of  the  peace,  on  and  after  the  1st'  day lice  or  otl?er 
of  August,  1854,  the  same  criminal  jurisdiction  and  the  same  offlc^s°havmg 
powers  and  duties  which  justices  of  the  peace   in  the  several  criminal  juris- 
towns  will,  after  said  first  day  of  August  next,  have  and   exer-^icvtlo.n'.™ll.y 
cise  under  the  provisions  of  "An  Act  for  the  Suppression  of  In-tkm  of  offense* 
temperance,"   passed   at  this  present  session,  and  such  other  against  Maine 
acts  as  have  been  or  shall  be  passed  in  addition  to  or  in  altcra-  aw' 
tion  thereof.     And  from  the  judgments  of  such  judges,  mayors, 
aldermen  and  other  officers,    an    appeal    may  be   taken  to   the 
county  (b)  courts  in  the  same  manner  and  upon  the  same  con- 
ditions as  from  the   judgments  of  justices  of  the  peace  in  like  Appeals,how 
cases  under  said  act  ;  and  such  appeals  shall  be  by  said  county taken< 
courts  disposed  of  in  the  same  manner  as  appeals  fiom  the  ius-,,. 

..».i  j  .  j  •  (o)SCP.   COfRT. 

ticeg  of  the  peace  under  said  act.  A<5T  OF  i866- 

SKC.  s.  *  *  *  *     All  justices  of  the  peace  residing  within 


38        Police  Court.  CHARTER.  Firemen  exempt 

Jurisdiction  of  any  eit y,  shall,  after  said  "  Act  for  the  Suppression  of  Intemper- 
the  peace!01  ance"  shall  have  taken  effect,  have  and  exercise  the  same  crim- 
inal jurisdiction,  and  the  same  powers  and  duties  which  justices 
of  the  peace  in  the  several  towns  may  then  have  and  exercise 
under  the  provisions  of  said  last  named  act,  or  any  other  act  in 
addition  to  or  in  alteration  thereof.  [The  provisions  of  any 
other  private  or  public  act  to  the  contrary  notwithstanding.] 


An  Act  granting  Jurisdiction  to  Police  Courts. 

June  28,  1855. 

# 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened : 

That  in  the  several  incorporated  cities  of  this  state,  in  which 
jurisdiction  in  certain  criminal  cases  is  committed  by  law  to  po- 
Police  courts  to  ijce  courts    saj<j   police  courts  shall  have  and  exercise  within 
have  mrisdic-  . .  i      .       •  <•  ,1  .1 

tion  of  offenses  said  cities,   concurrently  with  justices  of  the  peace,  the  same 

under  the  Maine  criminal  jurisdiction,  and  the  same  powers  and  duties,  which 

law*  justices  of  the  peace  have  and  exercise,  under  the  provisions  of 

•     an  act  passed  May  session  A.  D,  1854,  entitled  "  An  Act  for  the 

Suppression  of  Intemperance." 


An  Act  in  alteration  of  an  Act  entitled  "An  Act  for  Forming 
and  Conducting  the  Military  Force." 

June  29,  1955. 

FIREMEN  EXEMPT. 

Be  it  enacted  by  tht  Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened: 

SEC.  1.  That  all  persons  belonging  to  any  regularly  organiz- 
ed fire  engine,  hoo$:  and  ladder  company,  or  sack  and  bucket 
emptednfrom     company,  in  any  city  or  town  in  this  state,    and  regularly  do- 
military  duty,  ing  service  therein,   shall  not  be  subject  to  military  duty,  but 
muutiont^m"are  declared  to  be  exempt  therefrom,  and  entitled  to  the  bene- 
fits of  the  fifth  section  of  the  act  (a)  of  which  this  act  is  an  al- 
(«)  COMPILA-   teration. 
«oNi8W,FAOK     gEC<  2.  This  act  shall  take  effect  from  and  after  its  passage. 

660. 


Validating  Act. CHARTER. City  Court..    39 

An  Act  concerning  Amendments  of  Charters  of  Cities  and  other 
Incorporated  Companies. 

June  29,  1855. 

CERTAIN  ACTS  MADE  VALID. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened : 

That  all  alterations  or  amendments  of  the  charter  of  any  city, 
or  other  corporation  of  this   state,  heretofore  made,  which  by  Former  acts 
law  were  required  to  be  accepted  within  any  specified  time,  or  relative  to 
in  any  specified  manner,  shall  together  with  the  doings  of  the  corporations 
corporation  under   the  same,  notwithstanding  any  failure  or  binding,  ai- 
neglect  to  accept  the  provisions  thereof  during  such  period,  be, 
in  all  respects,  as  valid  and  binding  upon  such  city,  or  other 
corporation,  and  the  inhabitants  or  members  thereof,  as  though 
no  such  failure,  neglect  or  informality  had  intervened.    Provided,  proviso, 
such  alteration  or  amendment  shall  have  been,  afterward,  duly 
accepted.    Provided,  however,  that  this  act  shall  not   affect  any 
suit  or  action  now  pending. 


An  Act  in  addition  to  "  An  Act  in  alteration  of  an  Act  rela- 
^ting  to  Courts,"  passed  May  Session,  1855. 

June  29,  1855. 
BO  FAB  AS  IT  RELATES  TO  CITIES. 

SEC.  1.  The  powers  and  jurisdiction  of  the  several  city  courts 
in  this  state  shall  not  be  affected  by  any  of  the  provisions  of  the 
act  to  which  this  is  an  addition,  but  all  the  powers  conferred  Powers  and  dn- 
and  duties  imposed  upon  said  courts,  or  the  officers  thereof,  ^rts  °n6^  af- 
whether  at  this  or  any   preceding  session,  and  all  laws  in  re- feoted  by  act 
spect  to  costs  and  fees  in  said  courts,  shall  be  construed  in  Metinu  toe' county 
same  manner  as  if  the  county  courts  had  not  been  discontinued,  courts. 


An  Act  in  addition  to  an  Act  relating  to  Courts. 

June  30,  1855. 
CITY  COURTS.   WRITS  OP  ERROR. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Ansembly  convened  : 

SEC.  1.  Whenever  final  judgment  or  decree  is  rendered  in 


40     City  Court.  CHARTER.  Theaters,  &c. 

Writ  of  error  any  city  court  in  this  state,  in  any  cause  in  which  a  party  may 
'^6  entit^ed  to  a  writ  of  error,  to  the  superior  court,  such  party 
may,  in  the  same  term,  and  within  twenty-four  hours  after  the  fi- 
nal judgment  or  decree,  file  the  motion,  that  the  record  in  such 
cause  may  be  transmitted  to  the  next  superior  court  in  the  county 
where  such  city  court  is  held,  and  thereupon  such  city  court  shall 
have  the  same  powers  with  reference  to  such  motion  as  are  given 
*No  BUCH  SBC-  to  the  superior  court  in  166th  section*  of  the  act  to  which  this  ia 
^,1?^,^  CII  an  addition,  upon  similar  motions  in  the  superior  court  for  the 

ILAOriONSjSh  I/     ...  -i,  a 

TION  166,  AS  transmission  of  records  to  the  supreme  court  of  errors,  and  upon 
THEPBOBABLB  the  allowance  of  such  motion,  a  ccpy  of  the  record  shall  be  entered 
on  file  in  the  next  superior  court  for  such  county,  which  shall  pro- 
ceed therein,  as  on  a  writ  of  error,  and  said  city  court  may,  upon 
allowing  said  motion,  stay  execution  whenever  it  shall  think  prop- 
er so  to  do. 

SEC.  2.  [Relates  to  the  city  of  Hartford.] 


An  Act  in  alteration  of  "An  Act  concerning  Crimes  and  Pun- 
ishments." 

June  30,  1855. 

THEATRICAL  AND  OTHER  EXHIBITIONS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened: 

That  the  mayor,  aldermen  and  common  council  of  any  city,  and 
Th  t '  l  and  ^e  warden  and  burgesses  of  any  borough,  or  a  majority  of  them, 
other  exhibi-  and  the  selectmen  of  any  town,  shall  have  power  to  allow  and  reg- 
ions may  be  ai-  ulate,  under  such  terms  and  conditions  as  they  shall  see  fit  to  pre- 
mon  co^mcii°m  scribe,  any  theatrical  or  other  exhibitions,  except  circuses,  within 
and  other  town  their  respective  cities  and  boroughs,  any  law  to  the  contrary  not- 
SffiCerB?Ugh  withstanding. 


Highways.  CHARTER.  Highways          41 

An  Act  in  addition  to  an  "  Act  concerning  Highways  and 
Bridges." 

July  1,  1856. 

Be  it  enacted  by  the   Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened: 

Whenever  any  highway  or  street  has  been  laid  out,  or  shall  when  high  way, 
hereafter  be  laid  out  by  the  court  of  common  council  of  the  city  ^'i^'i^fon-"* 
in  which  such  highway  or  street  is  situated,  and  the  land  dam-tinued  before 
ages  have  been  or  shall  be  assessed  in  favor   of  the  owners   of°Pening 
the  lands  over  which  such  highway  or  street  is  laid,    and   such  Of  benefits 
highway  or  street  has  been  or  shall  be  legally   discontinued  be-an^  damapeato 
fore  the  same  shall  have  been  opened  or  worked,  then  no  action  become  vold' 
shall  be  brought  against  the   city  in  which   such   highway   or 
street  is  situated  for  the  recovery  of  such   assessment,  but  the 
same  shall  become  void  ;  provided  that  the  owner  of  the  land 
over  which  such  highway  or  street  is  laid,  may  recover   of  said 
city  the  actual  damages,  which  he  may  have  suffered  in  conse- Actual  damages 
quence  of  the  laying  out  of  such  highway  ;  such  damages  to  be™^136  recover' 
recovered  by  an  action  on  the  case  founded  on  this  statute,  pro- 
vided also,  that  this  act  shall  not  affect  any  suit  now  pending. 


An  Act  in  alteration  of  An  Act  concerning  Highways  and 

Bridges. 

July  1,  U56. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened : 

SEC.  1.  Nothing  in  the  21st  section  of  the  act,  of  which  this  Selectmen  of 
is  an  alteration,  shall  authorize  the  selectmen  of  any  town,  to*?*1.1.8  ?°*  ?u" 
lay  out  any  public  highways  within  the  limits   of  any  incorpo-out'htghways*7 
rated  city  in  said  town  ;  but  the  laying  out,  discontinuing,   al- ?"tnin cit? lim> 
tering  and  grading  highways  and  streets  in  said  cities,  shall  belt3' 
done  solely  by  the  proper  authorities  thereof,  according  to  the 
provisions  of  their  respective  charters. 

SEC.  2.  The  twenty-ninth  section  of  the  act  of  which  this  an 
alteration  is  hereby  repealed,  Provided  that   said  repeal  shall  R«peal. 
not  affect  any  proceeding  now  pending.     [The  part  relating  to 
New  Haven  is  omitted.] 


42     Fire  Marshal.  CHARTER.  Fire  Marshal. 

An  Act  to  prevent  Incendiary  Fires. 

June  27,   1857. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Gen- 
eral Assembly  convened : 

Common  court-      SEC    ^-  That  the  mayor,  aldermen  and  common   council  of 
cil  may  appoint  each  city,  and  the  wardens  and  burgesses  of  each  borough  in 
fire  marshal.     this  state,  may  appoint  a  fire  marshal  for  each  of  their  several 
incorporations,  who  shall  hold  his  office  for  one  year.     That  said 
fire  marshal   shall  have   power  to    inquire  into  the    cause  of 
any  fire  which  may  happen  in  the  limits  of  the  corporation  for 
which  he  is  appointed,  on  being  requested  so  to  do  by   a  proper 
officer  of  said  corporation,  or  by  anv  one  interested  in  the  prop- 
erty burned,  at  the   expense   of  the   applicant.     Said  marshal 
Marshal  to  in-  may  summon  witnesses  to  appear  before  him  at  such  times  and 
of 'nr^and^rT-P^068  as  ne  ma^ .designate,  and  examine  said  witnesses  on  oath, 
port.  touching  said  fires,  and  shall  make  a  report  of  his  examination, 

and  the  facts  fyund  by  him  to  the  clerk  of  the  city  or  borough 
for  which  he  is  appointed. 

SEC.  2.  In  case  any  fire  shall  happen  in  this  state  out  of  the 
limits  of  an  incorporation  in  which  there  may  be  a  fire  marshal 
shaTCconferedr  an7  person  interested  in  the  property  burned,  may  apply  to  any 
on  justice  of     justice  of  the  peace  in  the  town  where  said  fire  has  taken  place, 
peace.  an(j  g^ft  justice,  in  like  manner  as  is  provided  in   the  first   sec- 

tion of  this  act,  and  at  the  expense  of  the  applicant,  may  sum- 
mon witnesses  before  him,  and  examine  them  on  oath  in  relation 
to  said  fire,  and  shall  find  the  facts  as  they  may  be  proved  before 
him,  which  finding  shall  remain  in  the  files  of  his  office. 
FCes.  SEC.  3.  The  fees  of  such   fire   marshal  or  justice  of  peace, 

while  engaged  in  investigating  the  cause  of  any  fire  as  afore- 
said shall  be  two  and  one  half  dollars  per  day  ;  witness  fees, 
subpoenas,  and  the  service  of  subprenas,  shall  be  the  same,  as 
are  allowed  in  the  superior  court. 


BY-LAWS. 


BY-LAW    I. 

MAYOR  AND  COMMON  COUNCIL. 
Enacted  Sept.  28.  1851.  Approved  Oct.  13. 

Be  it  ordained  by  the   Mayor,   Aldermen,     Coundlmen   and  Free- 
men of  the  City  of  Middletown  : 

SEC.  1 .  The  mayor  shall  be  the  chief  executive  officer  of  the  city,  Powers  and  du- 
and  as  such  shall  have  a  general  supervision  of  the  affairs  Of  ties  of  mayor, 
the  city.  He  shall  preside  at  all  meetings  of  the  common  council 
and  of"  the  freemen  of  the  city,  and  shall  call  meetings  of  the 
common  council  whenever  in  his  opinion  their  action  or  advice 
is  needed  for  the  good  government  of  the  city,  and  when  the 
common  council  is  thus  assembled,  he  shall  make  such  sugges- 
tions and  recommendations  as  in  his  judgment  will  most  con- 
duce to  the  best  good  of  the  city  ;  and  at  the  close  of  each 
year  of  his  service,  he  shall  make  a  statement  in  writing  of  the  Mayor's  report, 
condition  of  the  affairs  of  the  city,  addressed  to  the  freemen 
thereof,  with  such  suggestions  and  recommendations  relative 
to  the  condition  of  the  city,  and  proper  administration  of  its 
affairs,  as  in  his  judgment  may  be  needful  and  proper.  In  the 
performance  of  his  duties  all  subordinate  officers  will  give  him 
their  active  cooperation  and  support,  and  he  will  exercise  such 
powers  for  the  preservation  of  peace  and  good  order  in  the  city 
as  are  devolved  upon  him  in  the  charter  and  public  acts  relating 
to  the  city,  and  in  the  by-laws  of  the  city. 

SEC.  2.  In  the  event  of  the   absence  or  inability  of  the  may- 
or, the  duties  devolving  upon  him  by  by-law,  shall  be  perform-^eanniotr  ald.er~ 
ed  by  the   senior   alderman,  or  by  the   alderman  highest   in  absence^r may- 
rank  and  precedence  in  the  city  as  designated  in  Sec.  3,   of  theor- 
Act  amending  the  City  Charter,  passed  May  session,  1856,  and 
said  alderman  is  to  be  obeyed  and  respected  accordingly. 

SEC.  3.  Meetings  of  the  freemen  of  the  city  shall  be  held  at 
the  most  convenient  place  within  the  limits   of  the  city.     The  city  meetings 
city  clerk  shall  attend  all  such  meetings  and  keep  an  accurate  re- where  held, 
cord  of  proceedings  ;  which  record  and  all  papers  of  importance 
relating  to  said  meetings  shall  be  carefully  preserved  by  the 
clerk  and  be  deposited  for  safe  keeping  in  such  place  as  the  com-  9!t?  clerk» hia 
mon  council  shall  direct.   The  clerk  shall,  previous  to  any  meet-   " 
ing  for  the  election  of  Officers  prepare  for  use  at  such   meeting 
a  list  of  persons  entitled  to  vote  therein. 

SEO.  4.  The  common  council  shall  assemble  for  the   transac- 
tion of  business  as  often  as  once  every  month  and  oftener  if  re- 


4 6    Common  Council. 


BY  LAWS 


Common  Council. 


Clerk  of  the 
common  coun- 
cil. 


quired  by  the  mayor  as  provided  in  Sec.  1,  or  if  demanded  by 
a  majority  of  their  number.  The  order  in  both  cases  to  be  in 
writing,  to  be  served  by  the  city  sheriff  in  the  usual  manner  of 

Meetings  of  the  serving  writs  by  summons,  service  to  be   made   at  least   three 

common  coun-    i  if        J.IA-         c      j  e  j.- 

cil  how  warded.    ours  "ef°re  the  time  fixed  tor  any  meeting. 

SEC.  5.  The  proceedings  of  the  common  council  shall  be  re- 
corded in  a  book  or  books  to  be  provided  for  the  purpose,  and 
all  important  reports,  and  documents  relating  to  the  affairs  of 

Sm°mon°cfoune-  the  cit^  sha11  be  carefullJ  preserved.     The  city  clerk  shall   be 
cil.  clerk  of  the  common  council  unless  otherwise  directed  by  the 

common  council,  and  shall  receive  such  compensation  for  his 
services  as  the  common  council  shall  deem  to  be  just  and  proper. 
The  clerk  shall  be  notified,  as  provided  above,  of  all  meetings  of 
the  common  council,  and  in  case  of  his  absence  or  inability  the 
common  council  may  appoint  from  one  of  their  number  a  clerk 
Clerk  pro  tern,  pro  tern. 

SEC.  6.  The  meetings  of  the  common  council  shall  be  held  in 
the  common  council  room  of  the  city,  unless  there  shall  exist 
an  urgent  necessity  for  meeting  in  some  other  place,  and  it  shall 

_,  be  the  duty  of  the  common  council  to  see  that  the  council  room 

\  /ommon  coun*  •    •*       ,    •    *  -\  •  .       /»      j  i          /•    i         •          r»ii 

cil  room.          1S  kept  in  proper  condition  for  the  safe  keeping  of  books,  maps, 

documents  and  whatever  else  may  be  proper  to  be  preserved 
Preservation  of  in  the  archives  of  the  city,  and  in  case  there   shall  be  no   fire 
&c°kbeionglnK  Pro°f  sa^e  m  sa^  council  room  or  in  the  room  occupied  by  the 
to  the  city.       clerk,  the  records   and   whatever  else  shall   be  most   valuable 
shall  be  deposited,  when  not  in  use,  by  the  clerk  in  some   fire- 
proof safe,  approved  by  the  common  council,  convenient  of  ac- 
cess to  said  council  room. 

SEC.  7.  The  common  council  shall  have  power  by  a  major 
vote  of  their  number  to  call  a  meeting  of  the  freemen  of  the 
city.  The  order  therefor  shall  be  in  writing,  signed  by  the  may- 
how  called  by'  or  an<^  addressed  to  the  city  clerk,  who  shall  cause  notice  of 
common  coun-  such  meeting  to  be  printed  with  large  type  and  posted  in  the 
most  conspicuous  places  in  said  city,  at  least  two  days  before 
the  time  fixed  for  such  meeting,  and  shall  also  cause  the  same 
to  be  published  by  an  insertion  in  such  of  the  newspapers  of 
the  cit3r  as  may  be  issued  prior  to  said  meeting.  Meetings  of 
the  freemen  of  the  city  shall  also  be  called  in  a  similar  manner 
whenever  the  mayor  shall  be  requested  so  to  do  by  the  written 
petition  of  not  less  than  fifty  in  number  of  the  freemen  of  the 
city.  Notices  of  the  annual  meeting  of  the  freemen  of  the  city 
for  the  election  of  officers  shall  be  posted  as  above  and  publish- 
ed in  all  the  city  papers  at  least  once  prior  to  said  meeting. 

SEC.  8.  If  any  person  elected  to  the  office  of  alderman  or  coun- 
lect  to"  serve  ~  oilman  shall  refuse,  or  if  he  shall  neglect  to  take  the   oath  of  office 

asaldermen  or  ag  prescribed,  for  two  months  after  being  thus  elected,  he  shall  pay 
councilman.          „  r     .          ,  '    .  „  „        ,  11° 

a  fine  into  the  city  treasury   of  five  dollars,  and  his  election   shall 

considered  void,  and  the  common  council  may  proceed  to  call  a 


cil. 


By  request  of 
citizens. 


Notices. 
Penalty  f or  neg- 


Another  elec- 
tion. 


city  meeting  to  make  another  election. 


Common  Council. 


Police     4  7 


SEC.  9.  The  city  shall  have  a 
corporate  seal,  the  devise  upon 
•which  shall  be  as  follows  :  In  the 
foreground,  a  railroad  locomotive 
with  implements  of  agricultural, 
manufacturing  and  mechanical  in- 
dustry. In  the  middle  ground  a  ^  of  thc  city> 
river  bearing  on  its  surface,  a  steam- 
er and  other  vessels  and  in  the 
back-ground  the  rising  sun  with  a 
landscape — the  whole  to  be  sur- 
rounded by  the  words  "  City  of 
Middletown,  Connecticut,"  of 
which  device  the  annexed  figure 
is  a  representation  ;  which  seal  shall  be  kept  by  the  Mayor  and 
shall  only  be  appended  to  such  documents  as  require  the  signature 
of  the  Mayor  or  alderman  acting  as  mayor. 


Enacted  Sept.  28. 


BY-LAW  II. 

POLICE. 
1851 


Approved  Oct.  13. 


Be  it  ordained  by  the  Mayor,  Aldermen,  Councilmen   and  Freemen 
of  the  city  of  Middletown  : 

SEC.  1.  The  first  sheriff  shall  have,  under   the  direction  of  the  sheriff,  to  hav» 
mayor,  the  command  of  the  entire  constabulary  and  police  force  of  control  of  po- 
the  city,  including  constables,  special  constables  and   watchmen,   c 
and  he  shall  be  active  and  vigilant  in  suppressing  all  irregularities 
and  in  preserving  peace  and  good  order  within  the  limits  of  the 
city,  and  shall  make  report  to  the  mayor  from  time  to  time 
be  required  of  his  doings,     He  shall  have  charge  of  the  city  pris- 
on or  watch  kouse  and  its  furniture,  and  the  supplying  of  the  same  To  have  charge 
with  the  necessary  light  and  fuel,  and  the  inmates,  if  any,  with  ne-of  watcn-nouae 
cessary  food  at  the  expense  of  the  city. 

SEC.  2.     It  shall  be  his  duty,  in  addition  to  the  powers  and  du-  TO  attend  on 
ties  devolving  upon  him  under  the  city  charter  and  its  amendments  ;  the  city  court. 
To  attend  on  the  city  or  recorder's  court,  for  which  service  he  shall 
receive  such  compensation  as  said  court  may  deem  proper,  not  ex- 
ceeding two  dollars  per  day. 

To  serve  notices  of  meetings  of  the  common  council  as  prescribed 
above  in  Sec.  4,  by-law  I  ;  council. 

To  cause  the  city  bell  to  be  rung  on  occasions  of  city  meetings, 
as  directed  by  the  common  council  ;  To  riag  beUt 

To  be  present  at  all  fires  in  the  city,  to  assist  thereat  in  the  pre- 


48       Police. BY-LAWS Police. 

To  be  present    servation  of  order  and  in  the  protection  of  property,  at  which  said 

fires  he  shall  wear  his  distinguishing  badge  ; 

To  attend  meet-     To  attend  all  meetings  of  the  common  council  and  of  the  freemen 
ings  of  common  of  the  city,  and  to  see  that  the  halls  for  such  meetings  are  in  suita- 
council  and  city  ble  condition  and  properly  lighted  and  warmed,  and  to  be  present  at 
the  opening  of  such  meetings  and  remain  until  they  are  closed  un- 
less sooner  excused. 

SEC.  3.  In  case  of  the  absence  or  inability  of  the  first  sheriff  the 
Absence  or  ina-  powers  and  duties  devolving  upon  him  as  above  shall  be  exercised 
bility  of  first    and  performed  by  the  second  sheriff,  and  in  the  absence  or  inability 
of  both  of  the  sheriffs,  the  constable  first  named  on  the  list  of  city 
constables  shall  perform  the  said  duties  and  exercise  the  said  pow- 
ers as  far  as  allowable  under  the  city   charter  and  public   acts  of 
the  State. 

Sheriff's  bond.  SEC.  4.  Each  sheriff  shall  give  a  penal  bond  for  the  faithful  per- 
formance of  the  duties  of  his  office  with  such  surety  as  the  mayor 
shall  approve.  The  amount  of  the  bond  to  be  not  less  than  five 
hundred  dollars.  The  sheriffs  for  services  rendered  shall  receive 
such  compensation  as  may  be  deemed  proper  by  the  common  coun- 

Sheriff's  com-  cjj  jn  tjlose  cases  where  their  compensation  is  not  fixed  bv  the  laws 
pensation.  „     .      ~, 

of  the  State. 

Constables  and     SEC.  5.  The  constables,  special  constables,  and  watchmen,  shall 
watchmen  to     be  vigilant  in  preventing  and  suppressing  all  irregularities   within 
suppressed!  ir-  the  limits   of  the  city,  by  which  the  peace  and  quiet  of  its  citizens 
regularities,      are  disturbed,  and  the  safety  of  property   endangered,  and  shall 
hold  themselves  in  readiness  at  all  times  to  respond  to  the  call  of 
sheriffs,  or  of  the  mayor  for  assistance,  and  shall   obey  promptly 
all  such  orders  as  they  may  receive  from  those  officers.     The   con- 
To  be  cresent    stables  and  special  constables  shall  be  present  at  all  fires  in  the  city 
to  assist  the  sheriffs  in  the  preservation  of  order  and  the  protection 
of  property,  and  for  service  rendered  by  them  they   shall  receive 
Compensation.  sucu  compensation  as  the  common  council  shall  deem  to  be  just  and 
proper. 

SEC.  6.  All  officers  charged  with  the  preservation  of  the  peace 
Officers'  badges,  of  the  city  shall  wear  when  on  duty  at  fires,  or  at  meetings  of  the 
common  council  or  of  the  freemen  of  the  city,  their  distinguishing 
badges  as  prescribed  by  the  common  council. 

SEC.  7.  If  any  person  shall   beat  or   cause  to  be   sounded  any 
_     .      f        drum  or  fife,  or  shall  discharge  or  cause  to  be  discharged  any  pis- 
drumsf&c.  fir-  tol,  guu  or  piece  of  ordnance,  or  fireworks,  or  ring  any  bell,  or  blow 
ing  of  pistoh,  any  steam  whistle,  or  by  any   other   means   or  instruments  shall 
ftea'ml0v^!i"ue0/ cause  or  produce  within  the  limits  of  the  city  any  noise  of  like  char- 
and  other  nois-  acter,  to  the  aniioyance  and  serious  discomfort  of  any  citizen,  the 
es  prohibited.    persou  so  Offeudiug  shall  forfeit  and  pay  the  sum  of  two  dollars  for 
each  offense,  and  double  that  amount  if  the  offense  is  committed  on 
the  sabbath  or  Lord's  day,  or  in  the  night  season  between   sunset 
Except  by  per-  and  sunrise  of  the  following  day.     Provided  that  on   occasions  of 
mission  ou       public  festivity,  and  of  military  exercises  and   parade,  it  shall  be 
lawful  for  the  mayor,  or  common  council  by  an  order  in  writing  to 
allow  such  noise,  under  such  restrictions  as  to  time  and  place,  and 


Police.      Taxes,  BYLAWS.  Revenues,  &c.     49 

instruments  used  as  they  may  deem  proper.     Provided  also,  that  Common  coun- 
it  shall  be  lawful  for  the  common  council  to  make  such  order  in  re-  £elSate  ri De- 
lation to  the  ringing  of  church  and  other  bells,   and  the   blowing  ing  of  bells  ani 

of  steam  whistles,  on  occasions  other  than  those  designated  above,  blowing  of 

,      .1.1  whistles, 

as  they  make  think  proper. 

SEC.  8.  If  any  person  shall  be  a  party  to  or  concerned  in  any 
conduct  of  a  nature  to  disturb  the  quiet  und  peace  of  any   citizen,  penalty  for 
either  alone  or  congregated  with  others,  or  shall  disturb  the  peace  breach  of  peac« 
and  quiet  of  the  city,  by  marching  or    promenading  through  the 
streets  or  public  grounds  of  the  city,  shouting  or  hallooing  or  ut- 
tering sounds  and  making  noises  of  a  disorderly  character  the  per- 
son so  offending  shall  forfeit  and  pay  a  fine  of  two  dollars  for   each 
offense,  and  double  that  amount  if  the  offense  is  committed  on  the 
sabbath  or  in  the  night  season  as  above  specified. 

SEC.  9.  The  common  council  are  hereby  authorized,  as  occasion 
may  require,  to  offer  such  rewards  as  to  them  shall  seem  proper  for 
the  detection  of  trespassers  and  persons  guilty  of  breaches  of  the 
peace  or  of  any  crime  within  the  limits  of  the  city,  which  rewards  Rewards  for  de- 
shall  be  paid  from  the  city  treasury,  and  the  said  common  council 
is  authorized  to  employ  a  special  watch  for  the  detection  of  tres- 
passers and  preservation  of  the  peace  and  the  property  of  the  city 
and  of  the  citizens  thereof,  which  watch  shall  receive  for  services 
rendered  such  compensation  as  the  common  council  shall  deem  to 
be  just  and  proper. 


BY-LAW  III. 

TAXES,  REVENUES  AND  EXPENDITURES. 
Enacted  Se.pt.  28.  1857.  Approved  Oct.  13. 

Be  it  ordained  by  the  Mayor,  Aldermen,  Coundlmen  and  Freemen 
cf  the  City  of  Middletoicn  : 

SEC.  1.  The  city  treasurer  shall  have  the  custody  of  the  funds 
of  the  city  and  shall  take  the  oath  required  of  town  treasurers,  Cit?  treasurer, 
and  give  a  bond  to  the  amount  of  not  less  than  two  thousand  dol- 
lars, with  such  sureties  as  shall  be  approved  by  the  mayor,  which 
bond  shall  be  renewed,  or  new  sureties  added,  at  the  pleasure  of  the 
common  council. 

SEC.  2.  All  moneys  due  or  owing  to  the  city,  excepting  taxes  and  shall  keep  accn 
assessments  on  property,  shall  be  collected  by  the  treasurer,  who  rate  ace  >unt  of 

shall  keep  an  accurate  account  thereof  and  of  all  moneys  received  mo?e^  i,and   » 
.  .  ,-•  c    ,,  .  ,  J    .         ,  .     make!  illreport 

by  him,  and  shall  keep  a  like  account  of  all  moneys  paid  out  by  him 

for  the  city,  and  shall  make  a  full  report  of  all  such  receipts  and  ex- 
penditures at  the  close  of  each  year  of  his  term  of  service,  which 
report  shall  be  rendered  to  the  common  council  on  or  before  the  sec- 
ond Monday  in  January,  in  each  year  ;  the  report  to  state  distinc- 
tively the  source  whence  received  and  the  amount  of  each  payment 
7 


50     Taxes,  Revenues,  BY-LAWS.  Expenditures. 

into  the  treasury,  and  the  amount  of  each  bill  or  claim  paid,  the 
character  and  object  thereof,  and  the  name  of  the  person  or  per- 
sons to  whom  paid,  and  it  shall  also  contain  a  statement  of  bills  or 
claims  which  remain  unpaid,  whether  the  same  be  due  or  owing  to 
or  from  the  city  ;  and  it  shall  contain  also  a  classification  or  analy- 
sis of  the  disbursements  made  during  the  year,  showing  the  aggre- 
gate amount  paid  under  each  general  and  separate  head  with  such 
explanations  as  may  be  necessary  to  the  full  understanding  of  the 
condition  of  the  finances  of  the  city. 

SEC.  3-  All  pa  ers,  vouchers,  £c.  relating  to  claims  due  or  ow- 
Claims  to  be  ™S  to  tne  C^J>  an(^  to  a^  claims  paid  by  the  treasurer  shall  be  care- 
presented  to  the  fully  preserved  by  him,  and  all  claims  against  the  city  before  being 
^(!^0oD^v^i  Paid  by  the  treasurer  shall  be  presented  to  the  common  council  for 

cn  ior  approval  *       „  ..  * 

before  payment  their  examination  and  approval,  and  when  thus  approved,  the  inajr- 
or  shall  draw  an  order  for  the  sum  allowed  upon  the  treasurer,  and 
the  several  claims  thus  allowed,  shall  be  numbered,  filed  and   pre- 
served in  the  treasurers  office,  and  all  orders  drawn  as   above   for 
the  payment  of  claims  shall  be  registered  in  a   book    kept   for  the 
.    purpose.     Provided,  that  orders  for  interest  moneys   due   by   the 
toTutere™  and6  c'ty  an^  a^  payments  of  moneys  borrowed  by  the  city,    may  be 
borrowed  mon- drawn  by  the  mayor  without  the  approval  of  the  common  council 
e>'8'  being  first  had  and  obtained  therefor. 

SEC.  4.  The  treasurer  shall, upon  the  levying  of  any  tax  by  the  city, 

Tr   su  rto      PrePare  f°r  tne  use  of  the  collector  of  taxes  from  the  last  preceding 

prepare  tax      assessment,  an  accurate  list  of  persons  liable  to  pay  taxes,  with  the 

fists.  amount  due  from  each,  which  list  shall  be  delivered  to  the  collector 

in  time  to  enable  him  to  collect  such  tax  within  the  time  fixed  for 

the  purpose. 

SEC.  f).  For  services  rendered  by  the  treasurer  he  shall  receive 
Treasurer's  snc^  compensation  as  the  common  council  shall  deem  proper,  and 
compensation,  when  any  treasurer  shall  retire  from  office  he  shall  deliver  to  his  suc- 
cessor, or  in  default  of  a  successor  to  the  mayor  all  moneys,  books 
His  duty  on  re;  papers,  &c.,  belonging  to  the  city  in  his  possession,  arid  shall  also 
office?11  render  therewith  a  full  statement  as  above  of  all  moneys  received 

and  disbursed  by  him  up  to  the  date  of  his  retirement. 

SEC.  6.  It  shall   be  the   duty  of  the  city  assessor  immediately 
after  the  first  day  of  October  in  each   year,  to  prepare  a  list  of 
persons  liable  to  pay  taxes  within  the  limits  of  the  city,  which  list 
preyarTa^axt0saa^  ^ave  aPPen^ed  to  tne  name  of  each  person  the  character  and 
list.  assessed  value  of  the  ,  roperty  belonging  to  said  person  on  the  said 

first  day  of  October,  which  list  shall  be  completed  and  presented 
to  the  common  council  on  or  before  the  first  day  of  January   next 
following,  but  before  completing  and  presenting  such    list   as 
.  aforesaid,  the  assessor  shall  give  at  least  two  weeks  notice  in  the 

lce'  newspapers  of  the  city,  to  the  tax  payers  of  the  city,  to  enable 

them  to  appear  on  a  day  fixed,  to  make  objections,  if  they  shall 
have  any,  to  the  amount  of  their  several  assessments.  The  ob- 
jections and  corrections  if  any  consequent  thereon,  to  be  made 
previous  to  the  certificate  and  return  of  said  assessment  to  the 
common  council  on  the  first  day  of  January  as  above  stated. 


Collector  of  Taxes.  BY-LAWS  Fire  Companies.     51 

SEC.  7.  The  assessor  before  entering  upon   the   discharge   of  Assessor's  oath, 
his  duties  as  above,  shall  take  the  oath  required  of  town  asses- 
sors, and  shall  receive  for  services  rendered  such  compensation  Compensation, 
as  the  common  council  may  deem  just  and  proper. 

SEC.  8.  The  city  collector  of  taxes  previous  to  entering  upon  Cit   counter, 
the  duties  of  his  office  shall  give  a  bond  for  the  faithful  perfor- 
mance of  his  duties  to  an  amount  not  less  than  the  sum  total  of  To  give  bonds, 
the  tax  to  be  collected,  with  such  sureties  as  the   mayor  shall 
approve,  and  when  thus  qualified,  he  shall,  after   giving  to  the 

citv  treasurer  a  receipt,  and  being  charged  with  the  full  amount  T?.^  charged 
e\,  L  .a  A    «.•  f  with  amount  of 

of  the  tax  entrusted  to  him  to  collect,  receive  from   the  mayor  tax,  &c. 

a  warrant  sealed  with  the  city  seal,  empowering  him  to  proceed 
to  the  execution  of  the  trust  confided  to  him,  which  said  war- 
rant shall  specify  the  time  within  which  said  tax  shall  be  col- 
lected, which  tax  as  fast  as  collected  shall  be  paid  to  the  city 
treasurer  who  shall  receipt  and  credit  the  same  to  said  collector. 

SEC.  9.  In  case  the  said  collector  shall  be  unable  to  collect  any  dMdtmML-11" 
tax  due  from  any  person  in  consequence  of  the  inability  of  such  cannot  be  col- 
person,  from  poverty,  sickness  or  any  infirmity,  or  absence  fromlected< 
the  state,  or  for  the  reason  that  said  person  was  illegally  or  im- 
properly assessed,  then  the  said  collector  shall  be  excused  from 
collecting  the  same,  provided,  that  in  the  opinion  of  a  commit- 
tee of  the  common  council  specially  appointed  for  the  purpose, 
there  is  good  and  sufficient  cause  for  his  being  so  excused,  and 
for  the  amount  thus  uncollected  and  uncollectable  he   shall   re- 
ceive an  order  from    the  mayor   upon  the  city   treasurer,  the 
amount  of  which  order  shall  be  placed  to  his  credit  on  the  books 
of  the  treasurer. 


BY-LAW  IV. 

FIRES. 
Enacted  Sept.  28.  1857.  Approved  Oct.  13. 

Be  it  ordained  by  the  Mayor,  Aldermen,  Counrilmen  and  Free- 
men of  the  City  of  Middktown  : 

SEC.  1.  The  common  council  shall  at  all  times  maintain  an  or- 
ganized  force  with  the  necessary  engines  and  apparatus  for  the 
prevention  and  extinguishment  of  fires,  which  force  shall  be 
constituted  as  follows  :  Engineers. 

1st.  An  engineer  and  a  first  and  second  assistant  engineer. 

2d.     Two  fire  engine  companies,  one  hook  and  ladder  com  pa- Fire-compani 
ny,  and  two  hose  companies,  with  a  first   and   second  foreman  ^lheu-offi" 
and  clerk  to  each,  and  such  number  of  members  to  each  as  the 
resolves  of  the  general  assembly  and  the  common  council  of  the 
city  may  authorize  and  direct. 


52     Engineers. 


BY-LAWS. 


Fire  Companies. 


ment. 


Fire-wardens.        33.  A  firewarden  and  one  assistant  firewarden  for  each  ward 
in  the  city. 

4th.  A  fire  marshal  as  authorized  by  the  General  Assembly  in 
Marshal.  ,g^,. 

Tobe  elected        SEC.  2.  The  above  persons  phall  be  elected  by  the   common 

by  common       council.     The  officers  named  shall  be  elected  at  the  annual  meet- 

council.  jng  Of  t|je  common  council  on  the  first  Monday  of  February,  and 

shall  continue  in  office  for  one.  year,  and  (excepting  the  fire  mar- 

shall,)  until  others  are  chosen  and  qualified  in  their  places,   un- 

less sooner  removed  by  the  common  council. 

Voluntary  en-       SEC.  3.  The   members  of  the  several  fire  companies  shall  be- 
liatment  come  such  by  voluntary  enlistment,    and   when    enlisted   they 

shall  subscribe  to  an  agreement  in  the  form  following  : 

We  the  subscribers,  living;  within  the  limits   of  the  city  of 
Form  of  agree-Middletown   do  ^reby  enlist  into 

nt.  J  .  n     . 

company  of  said  city,  and  engage  to  per- 

form the  duties  of  a  member  of  said  company  for  a  period  of 
not  less  than  one  year  from  the  day  of 

18  subject  to  all  the  by-laws  and   ordinances  of  said  city 

and  all  such  rules  and  regulations,  consistent  with  such  by-laws 
and  ordinances  as  shall  from  time  to  time  be  made  and  adopt- 
ed by  said  company.  This  agreement  to  be  terminated  at  any 
time  after  the  expiration  of  the  year  as  above,  on  the  undersign- 
ed giving  one  week's  notice  to  that  effect,  to  the  foreman  of  said 
company  and  to  the  engineer. 

Dated  at  the  City  of  Middletown,  this         day  of          18 

^EC-  ^'  ^ue  on<icers  named  in  section  1,  and  the  members  of 
the  several  fire  companies  shall  receive  each  a  certificate  of  his 
election,  signed  by  the  mayor  and  sealed  with  the  city  seal,  and 
no  person  shall  be  deemed  to  be  an  officer  or  member  of  any 
fire  company  and  entitled  to  its  immunities  until  he  has  subscri- 
bed to  an  agreement  as  provided  in  the  last  section,  and  his  name 
has  been  duly  registered  by  the  city  clerk  in  a  book  kept  for 
the  purpose. 

SEC.  5.  The  engineer  and  assistant  engineers,  and  fire  wardens 

-  and  officers  and  members  of  the  several  fire  companies  of  the 
1  .  ,  ,,  n  •  *.i  ^  c  T  n  , 

city  shall  annually  in  the  month  of  January  or  February,  prior 

to  the  annual  meeting  of  the  common  council,  meet  together  to 
nominate  by  ballot  an  engineer  and  assistant  engineers  for  the 
year  next  to  ensue,  which  nominations  may  be  presented  to  the 
common  council  for  their  consideration  when  electing  such  offi- 
cers. The  engineer  shall  give  notice  of  said  meeting  and  its 
object  by  posting  on  the  door  of  the  house  of  each  company, 
and  by  personal  notice  served  upon  the  assistant  engineers  and 
firewardens,  and  on  the  foreman  or  clerk  of  each  company  at 
Nomination  of  least  three  days  before  the  time  of  holding  said  meeting.  In 

foreman  by  the  ij  ke  manner  the  members  of  each  fire  company  shall   assemble 
.  „      ,.    .    .  .  J        .  .. 

on   the  call  of  their  respective  clerks,  when   requisite  to  nomi- 

nate for  the  consideration  of  the  common  council  suitable  persons 
for  the  office  of  foreman  and  second  foreman  in  each  company, 


Ceriifiateof 
election 


xr     •    *•  « 
Nomination 

engineers. 


fire  companies. 


Engineer.  BY-LAWS.  Engineer.     53 

SEC.  6.  The  common  council  may  at  discretion  discharge  any  Discharge  of  en- 
engineer,  officer  or  member  of  any  fire  company,  and  the  may-pjj.lte'!''  and  °^ 
or,  'or  the  engineer  with  the  approval  of  the   mayor,    may   alsobersof  fiie-com. 
discharge  any  member  who   may   apply   therefor,   or,  without  panies. 
such  application,  may  discharge  any  member,  not  an  officer,  for 
any  misconduct,  absence  or  other  cause  by  them    deemed   suffi- 
cient.    All  discharges  to  be  valid  must  be  in  writing,  and  must 
specify  whether  the  person  is  honorably  discharged  or  otherwise, 
and  a  copy  or  duplicate  thereof  must  be  delivered   to   the    city 
clerk,  who  will  make  a  record  accordingly.  Powers  and  du 

SEC    7.  The  engineer  shall  have,  under  the  direction    of  the  ties  of  the  en- 
mayor,  the  control  of  the  entire  force  employed  for   the   extin-siueeri 
guishment  of  fires  in  the  city,  and  all   officers  and   members  of  To ]iave controi 
fire  companies  and  fire-\var<lens  will  respect  and  obey  him  accor-0f°the  force. 
dingly,  and  in  case  of  his  absence  or   inability,   the   first   assis- 
tant  engineer  shall  have  said  control,  and  in  case  of  the  absence 
or  inability  of  both  the  engineer    and    first   assistant   engineer, 
the  second    assistant  engineer  shall  have  said  control,    and  the 
assistants  when  exorcising  such  control  shall  have  all  the  power 
and  perform  all  the  duties  devolving  upon  and  required  of  the 
engineer. 

SEC.  8.  It  shall  be  the  duty  of  the  engineer  to  see   that   thejg.rmberalld 
several  fire  companies  of  the  city,  have  eacli  the  requisite  num- discipline  of 
ber  of  efficient  members,  that  they  are  kept  under  proper  disci- nremeu- 
pline,  and  suitably  exercised  in    the  use  of  their  engines  and 
their  fire  apparatus,  for  which  purpose  he  may  call  them  out  for 
exercise  and  drill  at  any  suitable  place  within  the  limits  of  the    n  ' 
city  at  such  times  as  he  shall  deem  proper.     The  engineer  will  inspection  of 
also,  by  frequent  inspection   thereof,  see  that   the   city    wells,  wells,  pumps, 
pumps,  hydrants,  reservoirs  and  their  appurtenances,    and  the&c' 
lire  engines  and  other  fire  apparatus,  and  houses  for  the  protect- 
ion of  the  same,  are  kept   in    good  condition  and   repair,  and 
ready  at  all  times  for  use,  and  that  the  wells  and  reservoirs  are 
at  all  times  properly  filled  with  water,  and  in  making  such  re-EnKineer 
pairs  he  is  authorized  to  expend  the  sum  of  fifty  dollars  annual-  Authorized  to 
ly  upon  the  wells,  pumps,  hydrants,  and  reservoirs,  and  an  equal exPeud  *50- 
amount  annually  upon  the  fire  engines  and  other  fire  apparatus 
and  engine  houses  of  the  city,   without   the  special  approval  of 
the  common  council  therefor  being  first  had    and  obtained,    and 
he  shall  make  report  from  time  to  time,  to  the  mayor  or  common 
council,  if  required,  of  the  condition  of  the   department   under 
his  charge  and  all  that  relates  thereto. 

SEC.  9.  In  case  of  fire  within  the  limits  of  the  city  the   engi- 
neer shall  have  command  to  suppress  the  same  not   only  over  To  have  com- 
the  assistant  engineers  and   over  all  officers   and   members  of mand  at  fires* 
fire  companies  and  fire  wardens,  but  over  all  other  persons  who 
may  be  employed  for  the  time  being  in  aiding  the  extinguish- 
ment of  such  fire,  and  shall  direct  how  the  fire  engines  and  oth- 
er lire  apparatus  shall  be  placed  and  worked  for  the  extinguish- 
ment of  said  fire,  and  he  shall  have  power  to  require  the  aid  of 


£4     Engineer.  BY-LAWS.  Assistant  Engineers. 

all  persons  present,  of  suitable  age  and  ability,  for  its  extinguish- 
ment, in  such  manner  as  he  shall  direct. 

SEC.  10.  If  necessary  to  arrest  the  progress  of  any  fire,  the 

engineer  is  empowered  to  demolish   any  building,   having;  first 
To  demolish         .  f  , ,         ,.        „  ., J      e  . , 

buildings.  obtained  the  assent  therefor  of  a  majority  of  the  mayor  and  com- 
mon council,  the  fire  wardens  and  assistant  engineers  present  at 
such  fire  ;  the  said  assent  to  be  ascertained  by  a  viva  voce  vote 
to  be  called  for  by  the  mayor  or  the  member  of  the  common 
council  next  in  rank  who  may  be  present,  who  is  authorized  to 
assemble  the  officers  named  for  the  purpose. 

After  the  extinguishment  of  any  fire  the  engineer  shall  see  that 
5f*Mn^ea"d  the  fire  engines  and  fire  apparatus  are  returned  without  delay  to 
disposal  of  pri  their  appropriate  places,  and  put  in  good  working  order,    and 
vate  buckets &c.  that  all  private  fire  buckets,  or  other  articles  of  private  owner- 
ship used  at  such  fire  which  remain,  are  collected   and  put   in 
some  safe  and  convenient  place  where  they  can  be  obtained  by 
their  owners. 

Engineer's  re-       ^EC.  11-  The  engineer  shall   make   a  written   report   to  the 
port.  '    common  council  sometime  during  the  week  next  proceeding  the 

annual  meeting  of  the  freemen  of  the  city  for  the  election  of  city 
officers,  of  his  doings,  and  of  all  matters  of  importance  relating 
to  his  department  for  the  year  preceeding.  The  report  shall  be 
accompanied  with  a  list  or  statement  of  fires  that  have  occurred 
during  the  year  and  the  estimated  damage  in  each  case,  and  an 
inventory  of  all  property  appertaining  or  belonging  to  his  de- 
"partment,  stating  its  condition  and  estimated  value,  with  such 
remarks  and  suggestions  in  relation  thereto  as  he  may  deem 
proper. 

SEC.  12.  The  compensation  of  the  engineer  and  of  the  assis- 
tant engineers  when  acting  as  principal  engineers  for  service  ren- 
of  engineer'011  ^ered  as  above,  shall  be  such  as  the  common  council  shall  deem 
to  be  just  and   proper.     The   compensation  to  the  several   fire 
companies  shall  be  as  follows  : 

To  the  fire  engine  companies  one  hundred   and  twenty-five 

dollars  annually  ;  and  to  the  hook  and  ladder  company  the  sum 

Compensation  of  twenty-five  dollars  annually,  and  to  each  of  the  hose  compa- 

of  companies.   n«es  gve  ,j0uars  annually,  to  defray  the   necessary  expenses  of 

said  companies,  exclusive  of  repairs  to   engines  and  apparatus 

and  oil  for  the  hose.     The  above  payments  10  be  quarter  yearly 

on  the  first  day  of  January,  April,  July  and  October. 

SEC.  13.     It  shall  be  the  duty  of  the  assistant  engineers  to  be 
present  at  all  fires  in  the  city  ready  to  receive  and  communicate 
the  orders  of  the  engineer,  and  to  see  that  they  are  properly  ex- 
ecuted, and  to  give  all  needful  assistance  to  the  engineer  in  the 
Powers  and  da- discharge  of  his  duties,  and  the  officers  and  members  of  the  sev- 
ties  of  assistant  erai  gre  companies  are  required  to  obey  the  orders  of  the  assis- 
tant engineers  accordingly. 

SEC.  14.  The  members  of  each  fire  company  shall  respect  and 
promptly  obey  the  orders  of  their  foreman  or  second  foreman, 
and  shall  obey  also  the  orders  of  the  engineer  and  assistant  en« 


Foremen.  BY-LAWS.  Foremen.          55 

gineers,  and  for  each  violation  of  this  law  or  act  of  disobedience 

on  the  part  of  any  member,  he  shall  forfeit  and  pay  the  sum    of 

two  dollars,  and  if  the  act  of  disobedience  is   committed    while 

on  duty  suppressing  a  fire,    the  penalty  shall- be   double   that  ^"bed^enoeo 

amount,  and  the  offender  may  be,  in  addition,  discharged  or  ex- member*  of 

polled  from  the  company  to  which  he  may  belong.  companies. 

SEC.  15.  In  case  of  an  alarm   of  fire  each  member  of  every 
fire  company  shall  repair  instantly  to  the  place  where   the   en- 
gine or  fire  apparatus  of  the  company  to  which    he  belongs  is 
kept,  and  proceed  with  the  same,  with  all  possible  speed,  under  fire, 
the  command  of  the  foreman,  to  the  place  of.  the  fire  and  there 
the  said  company  shall  report  to  the  engineer,  and  shall  remain 
at  said  fire,  each  member  using  his  best  efforts  for  its  extinguish- 
ment until  dismissed  by  the  engineer,  and  any  member  of  any 
company  who  shall  fail  to  attend  as  aforesaid,    on  the  first   no- 
tice of  fire,  or,  after  his  appearance,  shall  absent  himself  before  Penalties  for 
being  dismissed,  shall  pay  a  fine  of  fifty  cents  for  each   offense,  absence  from 
and  if  he  t-hall  fail  to  appear  altogether,  he  shall  pay   a   fine  of fires< 
one  dollar  for  each  offense,  unless   prevented  by   absence  from 
the  city  or  by  sickness 

SEC.  16.  Whenever  any  fire  company  is  called  out  for  exercise 
or  drill,  and  any  member  thereof  fails  to  be  present  at  the  cal- 
ling of  the  roll  he  shall  pay  a  fine   of  seventeen    cents,    and  if 
ali-rnt  when  the  company  reaches  the  place  of  working  the  en- 
gine or  shall  absent  himself  without  leave  before  the   company 
is  dismissed,  he  shall  pay  a  fine  of  thirty-five  cents  for  each   of-  Pines  on  occa- 
fense.     Physical  inability  or  absence  from  the   city   shall  be  a  sums  of  drill, 
sufficient  excuse  for  any  such  absence. 

SEC.  17.  The  foreman  of  each  company  shall  have  the  immedi- 
ate command  of  said  company,  and  care  of  the  engines  or  fire 
apparatus  appertaining  thereto,  and  shall  be  assisted  in  his  du-powerg  or  <jn. 
ties  by  the  second  foreman,  who  shall  take  the  command  in  the  ties  of  foremen, 
absence  or  inability  of  the  foreman,  and  both  the  foreman  and 
second  foreman  shall  properly  respect  and  promptly  obey  the 
orders  of  the  engineer  or  assistant  engineer,  and  for  any  act  of 
disobedience  the  foreman  offending  shall  forfeit  and  pay  a  fine 
of  three  dollars,  and  shall  be  liable  to  be  discharged  and  ever  af- 
ter ineligible  to  the  office  of  engineer  or  assistant  engineer  in 
this  city. 

SEC.  18.  The  foreman  of  each  fire  engine  company  shall  callToca]loattheir 
out  his  company  for  exercise  and  drill  on  the  first  Saturday   of  companies  for 
each  month,  or  the  first  fair  day  thereafter,  (Sunday  excepted,)  dnll> 
from  the  month  of  April  to  November  inclusive,   unless   other- 
wise; directed  by  the  engineer,  at  which  times  the    engine  and 
apparatus  belonging  thereto  shall  be  tested,  and  if  not  in  good 
working  order,  shall  be  immediately  repaired  and  put  in  such 
order,  and  it  shall  be  the  especial   duty  of  the   foreman  to  see 
that  when  the  engines  or  other  fire  apparatus  of  their  respective 
companies  are  returned  to  the  usual  places  of  keeping  the  same,  TO  have  rare  Of 
after  any  fire  or  any  drill  or  exercise,  they  are  in  good  working  engines,  Ac.  ° 


56       Fire  Apparatus. 


BY-LAWS. 


Wards. 


condition,  and  ready  at  any  moment  to  do  good  and  efficient  ser- 
vice, and  it  shall  furthermore  be  the  duty  of  the  foremen  to  see 
that  the  exercise  and  drills  of  their  respective  companies  are  cou- 
ForemerJtoPre' ducted  in  an  orderly  and  fireman  like  manner,  and  that  no  impro- 

perve  order  in  .  .  J  . 

their  companies,  pnetiesor  irregularities  are  permitted  by  any  member  either  when 
on  drill  or  within  the  building  occupied  by  the  said  companies. 
SEC.  19..  The  common  council  may  from  timeto  time  procure 
such  fire-buckets  and  hose  and  other  fire  apparatus,  as  may  be 
needful  for  the  use  of  the  city,  and  order  such  repairs  to  the 
same  an(^  to  the  engines,  engine  houses,  and  reservoirs  as  may 
be  necessary,  but  the  said  common  council  shall  not  purchase 
any  new  fire  engine  or  organize  any  new  fire  engine  company 
or  hook  and  ladder  or  ho^e  company  or  erect  any  new  engine 
house  or  purchase  land  therefor,  or  build  any  new  reservoirs, 
without  first  obtaining  the  consent  therefor  of  the  freemen  of 
the  city  in  city  meeting  assembled. 

SEC.  20.  A.11  persons  present  at  a  fire  not  connected  with  the 
fire  department  or  police  of  the  city  are  required  to  refrain  from 
giving  orders  or  direoions,  and  to  conduct  in  an  orderly  man- 
ner without  noise  or  disturbance,  and  to  obey  the  directions  of 
those  authorized  to  command,  and  to  aid  in  extinguishing  the 
fire  and  saving  the  property  in  danger,  and  any  person  of  suita- 
ble age  and  ability,  refusing  thus  to  obey  and  to  assist  in  work- 
ing the  engines  or  other  fire  apparatus,  or  in  passing  water,  or 
in  saving  property,  or  refusing  to  assist  in  any  other  way  when 
called  upon  to  do  so,  by  any  proper  officer,  shall  for  every  act 
of  disobedience  forfeit  and  pay  a  sum  not  less  than  two  dollars 
nor  more  than  ten  dollars. 

Fire  anparatus  SEC  21.  The  fire  engines  and  hose  and  hooks  and  ladders  and 
not  to  be  used  other  fire  apparatus  of  the  city  shall  not  be  used,  without  leave 
service  oi'  the  m<s^  obtained  from  the  mayor,  for  any  other  purpose  than  for 


cil  relative  to 
fire  apparatus 
&c. 


Duties  of  per- 
sons not  flie- 


city. 


Wards. 


First. 


Second. 


Third. 


the  use  of  the  city  in  the  extinguishment  of  fires  and  for  exer- 
cise and  drill  as  provided  for  above,  under  a  penalty  of  twenty 
dollars  for  the  use  of  any  fire  engine,  four  dollars  for  the  use  of 
any  single  piece  of  hose,  two  dollars  for  the  use  of  any  public 
ladder,  lantern,  sack,  rope,  fire-hook  or  any  other  instrument  be- 
longing to  the  fire  apparatus  of  the  city,  and  no  fire  engine  or 
other  fire  apparatus  belonging  to  the  city  shall  be  taken  with- 
out the  limits  of  the  city  unless  by  permission  of  the  common 
council  previously  had  and  obtained,  on  penalty  of  fifty  dollars. 

SKC.  22.  For  the  purpose  of  greater  security  of  property  from 
destruction  by  fire,  the  city  shall  be  divided  into  four  wards  as 
follows  : 

The  first  ward  shall  include  all  that  portion  of  the  city  north 
of  Washington  and  Berlin  streets. 

The  second  ward  shall  include  all  that  portion  east  of  nigh 
street  and  between  Washington  street  on  the  north  and  Will- 
iam street  on  the  south. 

The  third  ward  shall  include  all  that  portion  south  of  William 
and  Cross  streets  and  east  of  Pine  street. 


Fire-VVurdens.  BY-l.AWS.  Fire  Buckets.         57 

The  fourth    ward  shall  include  all  the   remaining  portion  of  Fourth, 
the  city. 

SEC   23.  The  fire-wardens  and  assistant  fire-wardens  shall  be 

residents  of  their  wards  respectively,  and  it  shall  be  their  duty  ^'<we'san<1  du 
i  *  «     '  •     A.i_        *i    •  •    Ai.     «Ai  •  i*   tie-i  of  nre-war- 

on  every  alarm  of  fire  in  the  city,  forthwith   to   repair  to   the  dens. 

place  of  said  fire,  there  to  do  whatever  may  be  necessary  under 
the  direction  of  the  engineer,  to  preserve  the  property  exposed  Toaftu"d«>r 
from  injury  or  depredation,  and  to  aid  the  sheriff  in  p reserving  j^"8"" 
order  and  preventing;  noise  and  disturbance. 

SEC.  24    It  shall  be  the  duty   of  the  several  fire-wardens   an- 
nually in  the  months  of  November  and  Hecember,  and  at  other  To  ^mine 

times  as  occasion  may  require,  to  examine  each  building  through- hl,11'di'4-     '  fr 
L  xi     •  A-       "        3      Ai!     «  j  places        ve«, 

out  their  respective  wards,  the  fire-places,  furnaces,  stoves  and  &c. 

chimneys  therein,  and  all  other  means  of  warming,  and  also  the 
means  of  lighting  each  building,  and  the   places    where   ashes 
are  kept,  and  if  in  their  opinion  property  is  endangered  by  any 
defect  in  the  same,  they  shall  order  said   defect  to   be    immedi- 
ately remedied  by  the  person  owning  or  occupying   the   build- 
ing where  such  defect  exists,  said  order  to  specify  in  writing  the 
defect  to  be  remedied  and  the  time  allowed  for  compliance  there- 
with ;  and  if  any  person  shall  neglect  or  refuse  to  obey  such  or- 
der and  to  correct  the  defect  therein   pointed   out   within   thepen^^t^ 
time  allowed  for  the  purpose,  such  person  shall   forfeit  and  pay  ders  ot  nre-war- 
the  sum  of  three  dollars,  and   one  dollar   additional    for   every  dens, 
month  thereafter  that  such  person  shall  continue  to   neglect  or 
refuse  to  remedy  such  defect. 

SEC.  25.  The  fire-wardens  shall  also  examine  each  building  as 
above,  and  ascertain  if  :he  same  is  provided  with  the   requisite 
means  of  gaining  access  to  the  several  apartments   and  to  the  to  roof, 
roof  in  case  of  fire  by  means  of  stairs,  ladders  and  scuttles  suita- 
bly placed,  and  whether  said  buildings  are  supplied  with    fire-  And  whether 

,  ,       ,  ,  ...  ,'.'  ,  .,  buildings  UPC 

buckets  as  required  by  law,  and  if  not  so  supplied,  the  said  war-  supp]ied  with 
dens  shall  give  their  order  as  above  to  the  owner  of  the  build- fire-buckets, 
ing  where  such  defect  exists,  and  if  the  said  defect  is  not  reme- 
died within  the  time  allowed  in  the  said  order,  the   said  owner 
shall  forfeit  and  pay  the  sum  of  two  dollars,  and  one  dollar  ad- Penaltics- 
ditional  for  each  month  thereafter  that  said  owner  shall  neglect 
or  refuse  to  comply  with  said  order. 

SEC.  26    Every  resident  owner  of  a  building  in  which  fire  is 
for  any  part  of  the  year  kept,  shall  for  each  story  of  such  build- private  fire- 
ing  provide  and  keep  in  constant  readiness  and  repair  one  good  buckets, 
leather  bucket,  or  bucket  made  of  india  rubber,  or  gutta  percha, 
separate  or  combined  with  canvass,  water  light,  of  the  capacity 
of  not  less  than  two  gallons,  and  in  case  the  owner  of  any  build- 
ing is  not  a  resident  of  the  city,  then  the  occupier  of  such  build- 
ing shall  provide  such  bucket  at  the  cost  of  the  owner  thereof, 
and  every  person  who  shall  neglect  fb  keep  a  bucket  or  buckets 
as  herein  required,  shall  forfeit  and  pay  the  penalty  prescribed  penaity. 
in  the  last  section.     Provided  that  the  requirements  of  this  and 
8 


58       Fire-Wardeiis. 


BY  LAWS. 


Fire  Limits. 


Penalty. 
Badges. 


Proviso.  the  two  last  preceding  sections  shall  not  apply  to  any  building 

standing  more  than  ten  rods  from  any  other  building. 

Fire-  wardens  to      SEC.  27.  The  fire-wardens  shall  immediately  after  their  annual 
report.  inspection  of  buildings  as  above,  make  report  in  writing  to  the 

common  council  of  the  general  condition  of  said  buildings,  and 
the  common  council  are  authorized  to  give  and  enforce  such  di- 
rections as  in  their  opinion  are  needful  to  be  observed  to  pie- 
vent  the  occurrence  of  fires  destructive  to  property  in  the  city. 
Compensation.  The  fire-wardens  for  service  actually  rendered  by  them,  shall  re- 
ceive each  one  dollar  and  fifty  cents  per  day,  and  the  owners  or 
occupants  of  buildings  shall  not  in  any  manner  obstruct  the  said. 
fire-wardens  in  the  proper  discharge  of  their  duties,  and  any 
owner  or  occupant  of  a  building  who  shall  refuse  to  any  fire- 
warden the  privilege  of  entering  and  examining  the  same  when 
requested  so  to  do  at  any  proper  time,  shall  forfeit  and  pay  a 
gne  Of  not  mOre  than  ten  dollars  nor  less  than  two  dollars. 

SEC.  28.  The  mayor,  city  sheriffs,  city  constables  and   special 
constables,  fire-wardens  and  assistant  fire-wardens,  when  present 
at  any  fire  shall  be  distinguished  by  some  appropriate  badge  to 
be  worn  or  carried  by  each,  which  badge  shall  be*  prescribed  by 
the  common  council.     Any  fire-warden  desiring  to  enter  and  ex- 
Fire-warden  to  amine  any  building,  shall,  on  being  requested  so  to  do  by  the  own- 
t^ficateonre-1"  er  or  occupant  thereof,  exhibit  his  certificate  of  election  to  the 
quest.  office  of  fire  warden,  and  in  default  of  his  so   doing,  the  owner 

or  occupant  shall  not  be  liable  to  the  penalty  prescribed  in  the 
last  preceding  section. 

SEC.  29.  No  person  shall  carry  on  any  business  in  any  build- 

ing or  lot  within  the  limits  of  the  city,  which  in  the  opinion  of 

businessman"    the  common  council,  from  its  character  and   manner  of  being 

gerous  to  prop-  conducted,  peculiarly  exposes  to  destruction  by  fire  the  proper- 

erty  or  liie.     ^.y  Of  anv  Ot,]ier  person,  or  the  life  of  any  other  person,  and  the 

said  common  council  shall  have  power  to  prohibit  the  carrying 

on  of  such  business,  and  any  person  who  shall  disobey  such  or- 

der of  the  common  council,  shall  forfeit  and   pay  the   sum  of 

twenty  dollars,  and  ten  dollars  additional  for  every  week  he  shall 

continue  to  carry  on  such  business  after  being  served  with  such 

written  notice  or  order  from  said  common  council. 

SEC.  30.  No  building  shall  hereafter  be  erected   in  that  por- 

Fire  limits.       tion  of  the   city   situated   upon   or  east  of  High  and  Prospect 

streets,  or  upon  or   south  of  Spring  street  and  the  north  burial 

ground,  the  outer  walls  of  which  shall  be    constructed  wholly 

or  principally  of  wood,  without  the  consent  first  had  and  obtain- 

ed of  the  common  council,  on   penalty   of  twenty    dollars,  and 

five  dollars  additional  for  each  month  such  building,  if  erected, 

shall  be  continued  after  its  removal  has    been   ordered  by  the 

common  council. 

Penalty  for  SEC.  31.  If  in  consequepce  of  the  foulness  or  otherwise  of  any 


chimney  being  chimney  or  smokeflue,  the  mutter  contained  therein  shall  take  fire 
Qp  ^e  jgnite(]  jn  a  (jry  time,  or  in  the  night  season  so  as  to  cause  a 
blaze  to  appear  from  the  top  of  the  same,  or  if  in  consequence  it 


tin'  at  an 


Fire  Apparatus.  BY-LAWS.  Fire-works.       59 

shall  emit  burning  sparks  or  cinders,  the  occupant  of  the  building 
or  part  of  the  building  to  which  such  chimney  or  flue  belongs 
shall  forfeit  and  pay  the  sum  of  one  dollar,  and  if  any  such  chim- 
ney or  flue  emit  a  dense  smoke  to  the  injury  of  the  property  of  Dense  smoke 
any  person,  or  to  the  great  annoyance  and  discomfort  of  such  per-*rom  chimneys 
son,  or  of  his  family  or  household,  the  occupier  of  the  build- 
ing or  apartment  or  persons  using  such  chimney  or  flue  und 
causing  (-aid  smoke,  shall,  on  notice  from  any  fire  warden  or  or- 
der from  the  common  council,  immediately  abate  the  same,  and 
if  the  offense  is  continued  after  such  notice,  the  offender  shall 
pay  a  fine  of  two  dollars  for  each  and  every  week  it  is  so  con- 
tinued. 

SEC.  32.  No  person    shall   carry   into   any  barn  or  hay  loft  On  inclosed 
where  hay  or  straw  is  stored,  or  into  any  building  where  wood- ^S^- &c- 
en  shavings  or  matter  of  a  highly  combustible  character  is  ex- 
posed, any  lighted  candle  or  lamp    not   enclosed  in  a   lantern, 
nor  any  lighted  cigar  or  pipe,  nor  any   burning  substance  not 
securely  enclosed,  on  penalty  of  three  dollars  for  each   offense, 
and  double  that  amount  if  the  offense  is  committed  in  the  night 
season. 

SEC.  33.  If  damage  be  done  to  any  city  well,  pump,  hydrant, 
reservoir  or  pipe  or  conduit  leading  toor  from  any  reservoir,  or  Penalty  for  dam 

to  anv  fire  engine  or  fire  apparatus   owned   by   the   city,  or  toaSetoflr?aPPa 
,,-  .  °    ,  ,    .    .        A  ,      ratus.wells.&c 

any  fife  engine   house   or    house   containing  lire  apparatus,  by 

taking  away  or  destroying  or  breaking  or  cutting  or  displacing 
any  part  thereof,  or  by  causing  any  obstruction  or  impediment 
in  or  about  the  same  or  any  part  thereof,  each  person  so  of- 
fending shall  incur  a  penalty  of  five  dollars,  and  pay  in  addition 
whatever  may  be  the  amount  of  such  damage,  the  penalty  to 
be  doubled  if  the  offense  is  committed  in  the  night  season. 

SEC.  34.  If  any  person  shall  knowingly  give  a  false   alarm  of 
fire  in  the  city,  or  shall  cause  alarm  by  making  a  noise  in  rese 
blance  of  the  cry  of  fire,    or   shall    proclaim  that  any  fire  is  ex-flie. 
tinguished  when  it  is  not,  such  person  shall   forfeit  and  pay  for 
each  offense  the  sum  of  fifteen  dollars,  and  double  this  amount 
if  the  false  cry  or  alarm  is  given  in  the  night  season. 

SEC    35.  Any  person  who  shall   set  fire   to  or  discharge  any 
rockets,  fire-balls,  crackers,  or   other   fire-works,  or  shall  aid  or  sa"e"7fire- 
a-ssist  therein  within  the  limits  of  the  city,  shall  forfeit  and  pay  works  prohibit- 
a  fine  of  three  dollars,  which  penalty  shall  be   doubled  if  the  of-ed> 
fense  is  committed  in  the  night  season,  and  no  person  shall  sell 
or  offer  for   sale  such  fire-works,    or  keep   them   in   any   build- 
ing in  the  city,  except  by  permission   first    had  and  obtained  of 
the  common  council,  on  penalty  of  ten    dollars,  and  five  dollars 
additional  for  each  days  continuance  of  the  offense,  after   notice 
to  desist.     Provided  that  any   person  or  persons  may   on  occa- 
sions of  public  festivity,  discharge  rockets,  and  other  fire-works  Proviso, 
at  such  place  and  time  as   the  mayor  or  common  council  may 
designate  in  writing. 

SEC.  36.  Any  person  who  shall  keep  or  have  for  sale   or  for 
any  other  purpose  in.  any  house,  store  or  other  building,  or  in  or 


6  •     Fire  Penaltie  . BY-LAWS.  Public  Grounds. 

Saieof  sun-now  UpOn  anv  vessel,  boat  or  other  water  craft,  within  the  limits  of 

der  without  h-    .V        •  ,  ..-,...          , 

ce^se  prohibi-  tne  Clt7  or  jurisdiction  thereof  any  quantity  of  gun  powder  or 
ted.  gun  cotton,  or  fuse  exceeding  one  pound  in  weight  of  gun  pow- 

de  ,  two  ounces  in  weight  of  gun-cotton,  and  five  yards  of  fuse, 
without  special  license  from  the  common   council,    shall  forfeit 
and  pay  the  sum  of  fifty  dol'ars,  and  five  dollars  additional  for 
Notice.  eac^  da-vs  continuance  of  the   offense   after   being   notified   to 

desist  by  any  executive  officer,  and  any  person  so  licensed,  shall 
gyve  notice  thereof  by  a  sign  erected  in  a  conspicuous  place  in 
fr^nt  of  the  building  where  gun  powder  or  gun-cotton  or  fuse  is 
deposited  or  sold,  on  penalty,  in  case  of  neglect,  of  ten  dollars. 
Proviso.  Provided,  that  nothing  contained  in  this  section  shall  be  con- 

strued to  prohibit  vessels  or  boats  loaded  wholly  or  in  part 
with  gun  powder,  gun-cotton  or  fuse  from  passing  up  or  down 
the  Connecticut  river. 

Recovery  and  *  SEC.  37.  All  penalties,  or  forfeitures  incurred  under  the  sev- 
disp»salof  pen-eral  sections  of  thisby-:aw  shall  be  paid,  one  half  to  the  inform- 
alties.  eF)  if  demanded  by  him,  and  the  remainder  to  the  treasurer  of 

the  city.  The  said  penalties  and  forfeitures  to  be  recovered  on 
complaint  made  by  any  person  to  any  court  proper  to  try  the 
same,  and  when  any  minor  shall  be  guilty  of  any  violation  of 
the  provisions  of  the  several  sections  in  this  by-law,  the  parent 
guardian  or  master  of  such  minor  shall  on  the  conviction  of 
such  minor  pay  the  penalty  therefor  and  the  same  shall  be  re- 
covered of  such  parent  or  guardian  or  master  by  action  of  debt 
before  any  court  proper  to  try  the  same. 


BY-LAW  V. 

PUBLIC  GROUNDS  AND  STREETS. 
Enacted  Sept.  28.  1857.  Approved  Oct.  13. 

Be  if,  urdii.rtfd  by  the  M>y<>r    Aldermen,  C'ouncilmen  and  Freemen 
of  the  City  »f  Middlftnwn  : 

SEC  1  The  common  adjoining  to  and  immediately  west  of 
the  north  !>urial  ground,  on  tin-  north  side  of  which  stands  the 
Roman  Catholic  Church,  shall  e  called  St.  John's  Square. 
I'ark.  The  common  on  the  north  side  of  which  stands  the  Methodist 
Church,  and  on  the  south  side  the  South  Congregational  Church, 
shall  be  called  as  heretofore,  Union  Park. 

The  common  extending  west  from  the  houses  of  Samuel  Rus- 
|>    rton      sell  and  Charles  R.  Alsop,    Esq's.,   to  the  west  burial   ground, 

shall  be  called  Washington  Square. 

"r  d^e  st.  The  highway  from  the  mouth  of  the  Sebetha  or  Little  river 

to  St  John's  Square  shall  be  called  as  heretofore,  Bridge  street. 
The  highway  from  St.  John's  Square  to  Union  Park,  on  which 
Maiu  at.          the  court  house  and  several  churches  are  situated,  shall  be  cal- 
led as  heretofore,  Main  street. 


Streets.  BY  LAWS.  Streets.     61 

The  highway  from  Union    Park  southerly   to    the  turn  pike  South  Main, 
bridge  over  the  Pameacha  creek,    shall  be   called  Sou  h    Main 
street,  as  heretofore. 

The  highway  from  South  Main  street  near  the  turnpike  bridge 
over  the  Pameacha  creek,  south-westerly  to  the  city  limits,  near  Warwick< 
what  was  formerly  Warwick  bridge,  shall  be  called    Warwick 
street,  as  heretofore. 

The  highway  from  Warwick  street  near  the  city  boundary 
northerly,  passing  east  of  the  buildings  of  the  Wesleyan  Univer-  Mgh. 
sity  and  ending  at  the  east  end  of  Washington  Square,  shall  be 
called  as  heretofore,  High  street 

The  highway  from  Connecticut  river  to  West  river,   passing  Washington. 
on  the  north  side  of  the  building  of  the  Berkley  Divinity  School 
and  following  the  line  of  the  MidUetown  aodMeriden  turnpike, 
shall  be  called  as  heretofore,  Washington  street. 

The  highway  next  south  of  Washington    street,  and   nearly  Court 
parallel  thereto,  terminating  at  High  street  on  the  west  and  at 
the  Connecticut  river  on  the  east,  shall  be  called  as  heretofore, 
Court  street. 

The  highway  next  south  of  Court  street  and  nearly  parallel 
thereto,  leading  easterly  from  Main  street  nearly  opposite  'the  Center 
court  house  to  the  Connecticut  river,  shall  be  called  as  hereto- 
fore, Center  street. 

The  highway  next  south  of  Center  street  terminating  at  High 
street  on  the  west  and  the  Connecticut   river  on  the  east,  and  college, 
crossing  Main  street  by  the  Uuiversalist  Church,  called  Parson- 
age street  heretofore,  shall  hereafter  be  calle*!  College  street. 

The   highway  next  south  of  College  street,  terminating  at  William. 
High  street  on  "the  west  and  at  the  Connecticut  river   on   the 
east,  crossing  Main  street  by  the  Baptist  church,  shall  be  called 
as  heretofore,  William  street. 

The  highway  west  from  Union  Park  to  High  street   shall  be 
called  Church  street,  as  heretofore. 

The  highway  east   from  Union   Park  to   Connecticut  river,  Union< 
shall  be  called  Union  street,  as  heretofore. 

The  highway   from  south   Main  street  west  to  High  street,  Loveland. 
situated  next  south  of  Church  street,  shall  be  called  Loveland 
street,  as  heretofore. 

The  highway  from  South  Main  street  near   Loveland  street  Mm 
south-easterly  to  Mill  Hollow,  shall  be  called  as  heretofore,  Mill 

street. 

The  highway  from  Church  street  southerly  to  Loveland  street,  Hnbbard. 
next  west  of  and  parallel  with  South  Main  street,  shall  be  called 
Hubbard  street,  as  heretofore. 

The  highway  from  Union  street,  southerly  to  the  bridge  over  8unm 
Sumner  or  Pameacha  creek,  shall  be  called,  as  heretofore,  Sumner 

street. 

The  highway  from  Pumner  street,  near  the  creek  bridge  north- 
eastfi  y  to  the  east  end  of  Union  street,  shall  be  called  as  here- south 
tofort,  South  street. 


6*2     Streets. 


BY-LAWS. 


Streets. 


The  highway  from  the  east  end  of  Union  street  and  passing 
near  the  margin  of  the  Connecticut  river  northward  to  an  inter- 
section with  Bridge  street  near  the  ferry  shall  be  called  Water 
street,  as  heretofore. 

The  Highway  from  the  junction  of  Sumner  \vithUnion  street 
northerly  to  William  street,  shall  be  called  Hanover  street,  as 
heretofore. 

The  highway  from  College  street  to  Court  street  next  west  of 
Water  street,  situated  on  the  bank  of  the  river,shall  be  called 
as  heretofore,  Bank  street. 

The  highway  trom  near  the  east  end  of  Court  street,  north- 
erly and  thence  easterly  to  Water  street,  shall  be  called  as  here- 
tofore, Elm  street 

The  highway  next  west  of  and  parallel  with  Main  street,  be- 
tween Church  and  Washington  streets,  shall  be  called  as  here- 
tofore, Broad  street. 

The  highway  next  west  of,  and  paralled  with  Broad  street 
between  College  and  Washington  streets,  shall  be  called  Pearl 
street,  as  heretofore. 

The  highway  next  west  of  Broad  street,  between  Church  and 
College  streets,  meeting  the  latter  near  the  High  school,  shall  be 
called  as  heretofore,  Hamlin  street. 

The  highway  leading  southerly  from  near  the  east  end  of 
Washington  street  to  Water  street,  shall  be  called  as  heretofore, 
Lumber  street. 

The  highway  next  north  of  Washington  street,  between  Main 
street  and  the  Connecticut  river,  shall  be  called  as  heretofore, 
Ferry  street. 

The  highway  next  west  of  Water  street,  between  Washing- 
ton and  Ferry  streets,  shall  be  called  as  heretofore,  Cherry  street. 

The  highway  next  north  of  Ferry  street,  between  Main  street 
and  the  river  shall  be  called  as  heretofore,  Green  street. 

The  highway  from  St  John's  Square  northerly  on  the  east  side 
of  St.  John's  Church  to  the  railroad  depot,  shall  be  called  St. 
John's  street. 

The  highway  from  the  west  side  of  St.  John's  square,  north- 
westerly to  KobertJohnson's,  shall  be  called  as  heretofore,  Spring 
street. 

The  highway  northerly  from  Spring  street  near  it?  west  end, 
shall  be  called  as  heretofore,  Johnson  street. 

The  highway  leading  from  the  north  side  of  Washington 
square  near  its  east  end  north-westerly  to  West  river,  following 
the  line  of,  the  Middletown  and  Berlin  turnpike,  shall  be  called 
Berlin  street. 

Prospect.  The  highway  from  the  west  end  of  Spring  street  southerly  to 

Berlin   street,    and   thence   to    Washington   square    shall    be 
called  Prospect  street,  as  heretofore 

The  high  way  leading  northerly  from  Washington  street  next 
Wetmore  Place  wes^  of  Main  street  and  terminating  at  the  Liberty  street  burial 
ground,  shall  be  called  Wetmore  Place. 


Water. 

Hanover. 
Faik. 

Elm 
Broad, 

Pearl. 

Hamlin. 

Lumber. 

Perry. 

Cherry. 
Green. 

St.  John's. 
Spring. 

Johnson. 
Berlin. 


Str-  BY-LAWS  Streets. 

The  now  highway  from  Washington    street  near  Pearl  street,  x,,.t!l 
north  to  Spring  street,  shall  he  ra!  id  North  Pearl  street. 

The  hij;lr.v  iy  IV  >\\  M  un  street  w.'-t  to  Prospect  street  and 
thence  to  Berlin  =treet,  next  north  of  Washington  street,  shall 
be  called  i->  b  .  Lib  art  7  street. 

The  highway  leaving  Washington  street  near  West  river  and  Facto, 
running  easterly  Dear  tint  river,  and  joining  Washington  street 
near  the  fo  »t  of  the  hill,  slmll  be  called  Factory  street. 

The    highway    from    Washington    street    opposite  to  the  en-  Baldwin 
trance  to  the    Indian    llili   cemetery,  westerly  to  Berlin  street, 
shall  he  called  Baldwin  street. 

The  highway  from  Baldwin  street  westerly  to  the  bridge  over  Jllck 
West  river  at  the  plain  factory,  shall  be  called  Jackson  street. 

The  highway  from  High  street  a  little  south  of  William  street  Cross. 
west  to  the  south  west  side  of  Indian  Hill,  shall  be  called  Cross 
street,  as  heretofore. 

The  highway  from  Washington  street  next    west   of  the  cn-niii. 
trance  to  the  Indian  Hill  ei  inetry,  southerly  on  the  west  side  of 
the  hil1  until  it  meets  Cross  street,  shall  be  called  Hill  street,  in- 
stead (  f  Butternut  street,  as  heretofore. 

The  highway  from  the  west  end  of  Washington  square  south- 
erly to  Cross  street  on  the  south  east  side  of  Indian  Hill,  shall  vine- 
be  called  Vine  street,  instead  of  Swamp  street,  as  heretofore 

The  highway  from  Vine  street  south-easterly  to  Cross  street,  park 
shall  be  called  Park  street. 

The    highway   from    Washington  square  southerly  to  Cross Mt  y(rnon 
street,  next    west  of  High  street,    shall   be  called    Mt    Vernon 
street,  as  heretofore. 

The  highway  from  High  street  next  south    of  Court  street,  wyiiis. 
westerls  to  Mt.   Vernon  street,    shall  be  called  Wyiiis  street. 

The  highway  leading  westerly  from  the  junction  of  Hill   and  Butternut. 
Cross  streets  to  the  city  line,  shall  be  called  as  heretofore,  But- 
ternut street. 

The  highway  from   the  west  end  of  Washington  street,  near 
West  river,  southerly  to  the  city  line,  shall  be  called  as  heretofore,  Westt 
A  Vest  street. 

The    highway  from  West   street  south-westerly,   near  West 
rivei  to  the  city  line,  shall  be  called  Middlefield  street. 

The  highway  from  Cross  street  near  the  south   end  of  Indian  Long  jane> 
Hill  southerly  to  the  city  line, shall  be  called  as  heretofore,  Long 
lane. 

The  highway   from   Cross   street    next  east    of  Mt.  Vernon  Pine> 
street  southerly  to  the  city  line,  shall  be  call  Pine  street,  instead 
of  Low  street,  as  heretofore. 

The  highway  south  from  Cross  street  next  west  of  High  street,  College  Place, 
shall  be  called  College  place,  as  heretofore. 

The    highway  from  High  street   a  little   north  of  Loveland  Huber  Place. 
street  westerly,  shall  be  called  lluber  place. 

The  highway  west  from  Main  street,  next  north  of  Liberty  Chase. 
street,  shall  be  called  Chase  street. 


(U     S  reets.  BY-LAWS.  Street  Commissioner. 

Width  of  streets  SEC.  2.  It  shall  be  the  duty  of  the  common  council  in  laying 
out  any  new  street  to  make  the  said  street  if  possible,  not  less 
than  sixty  feet  in  width,  and  to  increase  to  that  amount  the 
width  of  the  more  prominent  of  the  existing  streets  which 
have  a  less  width  than  that,  whenever  the  same  can  consistent- 
ly be  done.  It  shall  be  the  duty  also  of  the  common  council  to 
ies'  have  as  early  as  practicable,  the  grade  lines  of  the  streets  where- 
on buildings  have  already  been  or  are  about  to  be  erected,  es- 
tablished by  accurate  levels,  with  a  view  to  the  best  system  of 
drainage,  and  the  most  economical  grading  of  the  same,  which 
levels  shall  be  put  upon  record,  and  it  shall  be  their  duty 
also  to  establish  upon  all  such  streets  the  lines  on  which  curb 
stones  and  shade  trees  may  be  placed,  which  lines  shall  not  be 
less  than  ten  feet  from  the  side  lines  of  the  street  nearest  there- 
Lines  for  curb  to,  for  the  curb-stones,  and  eight  feet  for  the  trees  in  a  width  of 
stones  and  street  of  sixty  feet,  and  in  that  proportion  for  a  greater  or  less- 
er width 

"Record of  SEC.  3.  It  shall  be  the  duty  of  the  city   clerk  to  enter   in  a 

streets  an  i  nub- book  to  be  provided  for  the  purpose,  to  be  called  the  "Record 
of  streets  and  Public  Grounds,"  the  lay  out  or  survey  of  all  the 
"treets  and  public  grounds,  now,  or  hereafter  to  be  laid  out  by 
the  city,  with  the  diagrams  illustrating  the  same,  and  to  enter 
in  said  book  the  lay  out  of  all  side  and  cross  walks,  with  their 
level  and  the  width  and  position  of  the  flagging  upon  the  same  ; 
and  to  enter  also  in  said  book,  the  levels  of  the  grade  and  curb 
lines  of  the  several  streets  and  public  grounds,  as  the  same  shall 
from  time  to  time  be  established,  and  to  enter  also  the  lay  out 
and  dimensions  of  all  drains  and  culverts  constructed  in  part  or 
whole  by  the  city,  and  to  enter  also  the  position  of  all  street 
lamps  and  of  all  lines  for  gas  pipes  and  telegraph  lines  where- 
ever  the  same  have  been  laid  under  the  sanction  of  the  author- 
ities of  the  city.  The  book  to  contain  in  fine  all  matters  of  im- 
portance relating  to  the  streets  and  public  gronnds  of  the  city, 
and  to  be  properly  indexed,  the  clerk  to  receive  for  making  such 
record  such  compensation  as  the  common  council  shall  deem 
to  be  proper. 

SEC.  4.  The  common  council  shall  at  their  annual  meeting  or 
soon  after,  appoint  a  highway  surveyor  or  street  commissioner 
Street  commis-to  serve  for  the  year  ensuing,  who  shall  superintend  and  direct 
sioner.  the  opening  of  all  new  streets  with  their  walks,  and  the  repairs 

of  existing  streets  under   the  direction    of  such  committee  of 
their  number  as  the  common  council  may  appoint.     The  said 
Toeivebond     street  commissioner  shall  give  penal  bonds  to  an   amount  not 
less  than  five  hundred  dollars  with  such  sureties  as  the  mayor 
shall  approve,  for  the  faithful  performance  of  his  duties,  and  in 
making  any  new  street  or  repairing  any  existing  one,  or  in  build- 
ing any  drains  or  cu'verts  or  walks  therein,  it  shall  be  his  duty 
How  to  per-      to  see  that  said  work  and  repairs  are  done  in  such  manner  as 
;ies'to  conform  to  the  established  lines  and  levels  of  such  street  and 
of  its  wa.ks,  and  in  repairing  the  roadway  of  any  street  which 


Streets.  BY-LAWS  Side-walks.     65 

has  not  been  graded,  the  repairs  shall  be  made  in  such  manner 
as  to  bring  the  surface  of  the  street  nearer  if  possible  to  its 
proper  grade,  and  the  culverts  and  drains  shall  be  constructed 
accordingly,  and  in  working  or  repairing  any  street,  the  path- 
way for  vehicles  shall  be  kept  equidistant  from  the  two  side 
lines  of  the  street,  the  work  to  be  done  in  all  other  respects  as 
the  common  council  by  their  committee  or  otherwise  shall  direct. 

SEC.  5.  The  street  commissioner  shall  from   time   to  time  as  re- Sjoner  to°make9~ 
quired,  make   report   of  his   doings  to  the  common  council,  and  reports, 
shall  during  the  week  next  preceding  the   annual   election  of  city 
officers,  make  to  the  said  common  council  a  written  report  of  his 
doings  for  the  year  preceding,    stating    therein  all  facts  of  impor- 
tance connected   with  the  discharge   of  his   duties,  including  the 
amount  of  labor  and  money  expended  under   his  direction   during- 
the  year,  the  extent  of  new  highway  opened   or  altered,  with  such 
remarks  ami  suggestions,  as  he  may  deem  to   be  of  importance    in 
improving  the  condition  of  the   streets  of  the  city.     For  services  compensation, 
ren  lered   by   the  street  commissioner  he  shall  receive   such   com- 
pensation as  the  corn  non  council  may  deem  to  bejust  and  proper. 

SEC.  6.  The  common  council  in  ordering  any  side-walk   to  be  Stone  for  side- 
built,  shall    have    power   to   designate  the   kind  or  quality  of  the waikd- 
stone  to  be  used  in  flagging  the  same,  and  the  dimensions   thereof, 
provided  that  no  stone  are  used  of  a  less   length  than   four  feet, 
and  of  a  less  width  than  one  and  a  half  feet.     The  use  of  brick  Brick  and  wood 
for  the  paving  of  side-walks  is   hereby  prohibited,   and  the  use  of for ^de-walks 
wood  is  also  prohibited,  and  no  shade  trees  shall  be  placed  in  any  Prohibited- 
street  or  in  any  of  the  public  grounds  of  the   city,  except   such  as  Trees, 
shall  be  approved  by  the  common  council. 

SEC.  7.  The  erecting  or  setting  up,  within  the  limits  of  any  Nuances  de- 
street  or  of  any  of  the  public  grounds  of  the  city,  any  building  ol  fined, 
any  kind,  or  part  of  a  building,  or  of  any  fence,  or  wall,  or  posts, 
or  poles,  or  the  making  of  any  bridge  or  culvert,  or  of  any  drain, 
or  the  altering  of  the  course  of  any  stream  of  water,  or  tiie  lay- 
ing or  placing  therein  of  any  building  materials,  or  of  any  vehicles, 
or  any  ashes,  boxes,  rubbish,  or  any  other  obstruction  or  itK-uin- 
brance  whereby  the  travelling  or  passing  in  the  same  shall  be 
rendered  dangerous  oq  inconvenient,  or  the  eye  be  oflVnded,  ^r  the 
good  order  and  peace  of  the  city  be  disturbed,  or  shall  plant  any 
trees  in  places  not  approved  by  the  street  commissioner  or  corn,- 
mon  council,  or  shall  allow  any  limbs  to  remain  on  any  tree  so  as 
to  improperly  shut  out  the  light  from  any  portion  of  any  street  ; 
all  these  several  acts  shall  be  deemed  nuisances,  and  any  person  who 
shall  erect  or  set  up  any  building  or  part  of  a  buil-ling,  or  any 
fence,  or  wall  as  aforesaid,  shall  incur  a  penalty  of  tilty  dollars,  Penalties, 
and  any  person  who  shall  do  any  other  act  declared  above  to  be 
a  nuisance,  shall  incur  a  penalty  of  not  more  than  ten  dollars,  nor 
less  than  two  dollars  for  each  offense,  which  penalties  shall  be  paid 
into  the  city  treasury.  Provided,  that  nothing  in  this  section  shall  p  . 
prevent  the  deposit  within  the  limits  of  any  street  or  upon  any  of 
the  public  grounds  of  materials  which  are  being  used  for  building,  or 


66       Street  Nuisances. 


BY  LAWS. 


Street  Nuisances- 


Eemoval  of 
ntmaaces. 


Remoyal  of 

nuisances. 


Proviso. 


Disposal  of  ar- 
ticles constitu- 
ting nuisances. 


of  any  gas  or  water  pipes,  or  the  digging  of  trenches  for  the  latter 
under  such  restrictions  as  may  be  imposed  by  the  street  commission- 
er or  the  common  council,  the  deposit  of  ashes  or  of  any  other  arti- 
cles under  a  like  restriction,  or  the  moving  of  any  building  across  or 
along  any  street,  provided  it  is  thus  moved  with  suitable  speed  uu- 
der  the  direction  of  the  street  commissioner. 

SEC.  8.  It  shall  be  the  duty  of  the  street  commissioner  to  take 
notice  of  all  offenses  contained  in  this  chapter,  and  give  informa- 
tion thereof  to  the  city  attorney,  that  prosecution  may  be  had 
thereon,  and  said  street  commissioner  shall  warn  and  order  each 
and  every  person  who  shall  do  any  act  declared  in  this  last  section 
to  be  a  nuisance,  to  remove  such  nuisance,  and  repair  the  damage 
done  thereby,  within  such  reasonable  time  as  said  commissioner 
shall  designate,  and  if  such  person  shall  not  remove  such  nuisance 
within  the  time  so  designated,  the  said  person  shall  incur  a  further 
penalty  equal  to  the  penalty  above  prescribed  for  causing  such 
nuisance. 

SEC.  9.  If  any  person  upon  being  warned  as  aforesaid  shall  neg- 
lect to  remove  any  nuisance  as  above,  and  to  repair  the  damage 
done  thereby,  within  the  time  designated  by  the  street  commission- 
er, or  if  the  person  causing  any  such  nuisance  is  unknown,  it  shall 
be  the  duty  of  the  said  commissioner  to  cause  such  nuisance  to  be 
removed  and  the  damage  done  thereby  to  be  repaired  at  the  expense 
of  the  city,  and  his  reasonable  account  therefor  shall  be  allowed 
and  be  ordered  to  be  paid  by  the  common  council  ;  and  whenever 
any  expense  of  removing  any  nuisance  or  repairing  the  damage 
caused  thereby  cannot  be  recovered  of  the  person  causing  such 
nuisance,  such  expense  and  costs  of  prosecution  and  damage  shall 
be  paid  out  of  the  city  treasury  as  above,  and  it  shall  be  the  duty 
of  the  court  before  whom  such  prosecution  is  had  to  draw  an  or- 
der upon  the  city  treasurer  for  said  costs.  Provided,  that  before 
removing  any  building  or  part  of  a  building,  or  any  fence,  or  wall 
as  a  nuisance,  the  street  commissioner  shall  obtain  the  consent  of 
the  common  council  or  of  the  committee  on  streets  of  said  com- 
mon council. 

SEC.  10.  Whenever  the  street  commissioner  shall  remove  or  cause 
to  be  removed  from  any  street  or  public  ground  in  the  city,  any 
nuisance  of  the  character  above  described  in  sec.  8  of  this  by-law, 
and  shall  take  the  article  constituting  the  nuisance  in  to  his  pos- 
session for  safe  keeping,  it  shall  be  his  duty  to  give  notice  by  ad- 
vertising in  one  or  more  of  the  newspapers  published  in  this  city,  for 
two  weeks  successively,  that  such  articles  (which  articles  are  to  be 
described  in  the  notice,)  will  be  sold  at  auction  at  the  end  of  thirty 
days  from  the  date  of  such  advertisement,  and  if  the  owner  of 
such  articles  shall  not  appear  at  or  before  the  expiration  of  said 
thirty  days,  and  pay  the  expense  of  removing  and  keeping  such 
articles,  and  for  the  advertisements,  the  said  commissioners  shall 
sell  such  articles  at  auction,  to  the  highest  bidder,  and  from  the 
amount  received  from  such  sale,  he  shall  deduct  the  expenses  of  re- 
moving and  kjqjing  such  articles,  aud  of  advertising  aud  sdlngi 


Street  Obstructions.  BY-LAWS.  Side-walks.     67 

the  same,  and  the  balance  he  shall  deposit  in  the  treasury  of  the  Articles  of  ihe 
city  for  the  use  of  the  owner  of  such   articles,  to   be  paid  to  him.valu^"f  *?  and 
when  he  shall  call  for  the  same.     Provided,  that  if  the  nuisance  oreTof.°W 
articles  removed  shall  not  be  of  the  value  of  five  dollarsand  over, 
then  the  same  shall  not  be  advertised  as  above,  but  may  be  dispos- 
ed of  iu  such   manner  as  the  street  commissioner  may  deem  best, 
and  the  proceeds  of  the  sale,  if  any,  shall  be  deposited  as  above  in 
the  city  treasury. 

SEC.  11.  Whenever  any  person,  whether  contractor  or   proprie- 
tor, shall  have  occasion  under  the   permission   or  approval  of  the  ^"j!,d  mer?han- 
street  commissioner  as  above,  to  deposit  any  building  materials,  ordi*e,&c.  not  to 
make  anv  excavation  or  place  any  quantity  of  earth,  or   of  gas  or  **  dt'P  sited  !D, 

•J         .,,  •     ,,      ,•   *.,       ,.      J  r,,       '     ,  ..    the  kt'teis  with 

water  pipe  within  the  limits  ot  any  street  or  upon  any  of  the  public  Out' lights, 
grounds  of  the  city,  and  whenever  any  person  or  clerk  or  agent  of 
such  person,  or  any  common  carrier  or  truckman  shall  have  occa- 
sion, by  reason  of  inability  to  remove  the  same,  to  leave  any 
goods,  wares  or  merchandize  or  any  other  article  within  the  limits 
of  any  street  or  public  ground,  during  the  night  season,  it  shall  be 
be  the  duty  of  said  person,  to  place  and  maintain  during  the  said 
night  season,  suitable  light,  near  where  such  articles  are  placed,  so 
that  they  can  be  distinctly  seen,  which  light  shall  be  continued  du- 
ring the  night  season,  as  long  as  said  articles  remain  to  endanger 
the  passing  in  the  street,  or  public  grounds,  and  any  person  who  shall 
neglect  the  duty  imposed  by  this  section,  shall  forfeit  and  pay  to 
the  treasury  of  the  city  the  sum  of  thirty  four  dollars,  and  any  per- 
son who  shall  wilfully  remove  or  extinguish  any  light  when  placed 
as  above,  shall  forfeit  and  pay  to  the  treasury  of  the  city  the  sum 
of  fifty  dollars,  which  said  penalties  s'lall  be  recoverable  before  any  Mv\n% said™" 
court  proper  to  try  the  same.  Provided,  that  nothing  herein  con-lights, 
tained  shall  be  held  to  impair  the  requirements  of  the  preceding 
sections  of  this  chapter. 

SEC.  12.  The   master  or  employer,  or  principal   of  any  clerk, Provi80' 

servant  or  agent,  or  the  parent  or  guardian  of  any  minor,  shall  bew. 
,.    ,  ,  ,      ,.     ,.  .  .  i      J    ,  .  Minors, 

liable  to  pay  the  forfeiture  or  penalty  incurred  as  above  in  conse- 
quence of  a  violation  of  the  provisions  of  the  preceding  sections  of 
this  by-law  by  any  such  clerk,  servant,  agent  or  minor. 

SEC.  13.  If  any  person  shall  wilfully  or  negligently  ride,  lead 
or  drive  any  cattle,  horses,  mules,  whether  the  same   be  attached       . 
or  not  to  any  vehicle,  upon  or  along  any  portion  of  any  street  used  8e" ™<50°n  Sid£ 
as  aside-walk,  except  for  the  necessary   purpose   of  crossing  such  walks, 
side-walk  to  enter  or  leave  the  adjacent  ground,   the  said   person 
shall  pay  one  do  lar  to  the  treasury   of  the   city   for  each  offense. 
If  any  persons  shall  wilfully  or  negligently  break  down  or  injure 
any  post  or  tree  standing  in  a  proper  position  between    the  side- 
walk  and  cart-way,  or  side  drain  oi  any  street,  or  destroy  any  railing     u 
placed  in  such  proper  position,  or  shall  injure  or  destroy  any  lamp 
post  or  lamp,  or  gas  fixture,  whether  public  or  private,  the  person 
so  offending  shall  forfeit  and  pay  to  the  city  treasury  a  sum  not  ex- 
ceeding ton  dollars  nor  less  than  oue  dollar,  and  to  the  party   or 
parties  thus  injured  their  just  damages. 


68     Side-walks.  BY-LAWS  Hay  wards. 

SEC.  14.  If  any  minor,  apprentice,  or  servant,  shall  be  convict- 
of  any  breach  or  violation  of  the  provisions  of  the  last  section,  the 
Minors, Jcc.  parent,  guardian,  or  master  of  such  minor,  apprentice  or  servant 
shall  be  liable  to  pay  the  forfeiture  incurred  by  such  violation, 
\vhichforfeituremaybecollectedofauy  such  parent,  master,  or 
guardian  by  action  of  debt. 

SEC.   U.  It  shall  be  the  duty  of  every  owner  or  occupnnt  of  any 
land  within  the  limits  of  the  city,  at  all  times  to  keep  the  public 
S5dewa'ks  to  be  sidf-walk  adjoining  or  fronting  such  land,  clear  and  free  from  all  en- 
kept  dear  of     curnbrances  and  obstructions,    and  especially  to  keep  it  free  and 
ice, &c.  clear  from  snow,  ice  or  sleet,  and  whenever  any  snow,  ice  or  sleet 

shall  fall  on  such  side-walk,  the  said  owner  or  occupant  shall  imme- 
diately remove  the  same  so  that  the  passing  shall  not  be  obstruct- 
ed uor  rendered  dangerous  or  inconvenient,  and  on  failure  to  remove 
such  snow,  ice  or  sleet  from  such  side-walk  at  any  time  when  thereto 
ordered  by  the  street  commissioner,  or  the  chairman  of  the  street 
committee  of  the  common  council,  and  within  the  time  limited,  such 
owner  or  occupant  shall  forfeit  and  pay  to  the  city  treasury  the 
sum  of  two  dollars,  to  be  sued  for  and  recovered  by  action  of  debt 
Penalty.  before  any  court  in  the  city  proper  to  try  the  same.  In  case  of  the 

neglect  or  any  such  owner  or  occupant  to  remove  such  snow,  ice  or 
sleet  from  such  side-walk  when  thereto  ordered  and  within  the  time 
In  case  of  neg-iirnited  iii  said  order,  it  shall  be  the  duty  of  the  street  commission- 
ikc  \oVemove8'  er  to  cause  the  same  to  be  removed  forthwith,  and  the  expense 
ice,  &c.  thereof  shall  be  recovered  of  such   delinquent  owner  or  occupant  in 

any  •  roper  action  before  any  court  in  said  city  proper  to  hear  and 
try  the  same.  If  such  expenses  and  cost  of  suit  for  the  same 
cannot  be  recovered  of  said  owner  or  occupant,  the  same  shall  be 
paid  out  of  the  city  treasury. 

SEC.   1 6.  The  common  council  shall,  at  their  annual  meeting,  ap- 
point a  number  of  persons  not  exceeding  ten,  to  act  as   hay  wards, 
Haywards.        and  to  serve  for  the  year  ensuing  or  until  discharged,  or  others  are 
chosen  in  their  places.     The  said  common  council   shall  also   pro- 
vide one  or  more  pounds  suitably  constructed  and  located,  and  main- 
tain the  same  in  good  condition,  and  shall,  at  their  annual  meeting, 
Ponnd«  and       appoint  a  pound-keeper  to  each  pound,  to  serve  for  the  ensuing  year 
pound-kee(,ers.  or  ailtu  discharged  or  others  are  chosen  in  t'ae;r  stead      The  hay- 
wards,  before  entering  upon  the  duties  of  their  office,  shall  take  the 
oath  prescribed  for  town  haywards,  and  the  said  oaths  shall  be  re- 
cor. ed  in  the  city  records. 

Haywards  to  be     SKC.   17.  No  cattle,  horses,  mules,  swine,  sheep,  goats,   geese, 

sworu.  ducks,  turkeys,  rabbits  or  poultry  shall    be  allowed  to  go   at  large 

C  ttie  &c  not    Ul  any  ot  ttle  stl'eetb  or  Puljlic  grounds  of  the  city,  and  if  any  such 

to  g>  at  Urge    animals  shall  be  tound  going  at  large  in  said  streets  or  public 

in  the  city.        grounds,  or  estray  elsewhere  within  the  limits  of  the  city,  it  shall 

be  the  duty  of  the  haywards,  and  it  shall  be  lawful  for  any  other 

person,  to  impound  sucii  animals  in  any  pound  in  the  city    and  the 

owner  of  suca  animals  shall  pay  the  expeuse  of  keeping  them  ia 

wtKcXtuI*110'1  P^lllld»  au"a  shil11  also  PaJ  in  ad  itiou  thereto,  before  any  such 

going  at  large,  animals  are  released  from  said  pound,  the  sain  ot  fifty  cents  for  each 


Impounding.  BY-LAWS.  Impounding.     69 

head  of  cattle  and  for  every  horse,  mule,  swine  or  goat,  and  sixteen 
cents  for  each  sheep,  and  ten  cents  for  each  goose,  duck,  turkey  or 
rabbit,  and  six  cents  for  each  head  of  poultry,  three-fourths  of  which 
said  sums  shall  be  paid  to  the  impouuder,  and  the  remaining   one- 
fourth  to  the  pound-keeper.     If  the  said   cattle,    horses,  mules, 
swine   or   goats   or  sheep   are   uot   taken   from  the  piund  with- 
in ten  days,  and  the  geese,  ducks,  turkeys,  rabbits  and  poultry  with- 
in  three  days  from  the  time  of  their  being  impounded,  then  the  said  noYt^ke^a  from 
pound-keeper  may  sell  the  said   animals  at  public  auction  at  said  pound  in  a  giv- 
pound  to  the   highest  bidder,  after  first   giving  written   notice  ofentime> 
such  sale  by  posting  upon  the  public  sign-post  of  the  city  six  days 
before  selling  the  said   cattle,  horses,  mules,  swine   or  sheep,   and 
throe  days  befoiv  selling  the  other  animals  named,  the  animals  to 
be  particularly  described  in  the  said  notice.     The  said  pound-keep- 
er in  addition  to  his  foes  for  impounding  and  expenses  of  keeping  said 
animals,    hall  be  further  entitled  toivceive  from  the  proceeds  of  the 
sale  thereof,  an  amount  equal  to  that  which  the  hayward  is  entitled  Expenses, 
as  specified  above  for  impounding  the  same,  and  shall  from  such 
proceeds  pay  to  the  hayward  or  other  person  impounding  said  ani- 
mals, his  fees  for  impounding  the  same*  and  the  remainder  of  the 
proceeds,  if  any,  the  said  pound-keeper  shall  pay  to  the  owner  of 
such  animals,  if  demanded  within  one  month  from  the  time  of  sale, 
and  if  not  so  demanded,  then  said  remainder  shall  be  paid  by  said 
pound-keeper  into  the  treasury  of  the  city  ;  and  each  pound  keep- 
er shall,  on  demand  of  the  mayor  or  city  treasurer,  at   any   time, 
give  to  said  officers  a  statement  of  moneys  received  by  him  and  ex- 
penses paid  by  him   in  the  performance  of  the  duties  of  his  office, 
and  in  particular  he  shall  make  report  in  writing  some  time  during  p0und-keeperi 
the  week  preceding  the  annual  election  of  city  officers,  of  his  doings  statement  and 
and  of  moneys  received  and  expended  as  aforesaid,   for  the   year  reP°rt- 
preceding,  which  report  shall    be  made   to  the   common  council, 
and  if  the  proceeds  of  the  sale  of  animals   shall  not  be   sufficient 
to  cover  the  fees  and  expenses  of  impounding,  keeping,  and  selling 
the  same,  the  difference  or  deficiency  shall   be   allowed  and  paid 
to  said  poun  1  keeper  from  the  city  treasury. 

SEC    18.  Upon  the  replevin  of  any  animals  impounded  as  above 
or  other  dispute  in  law  arising  thereon  when  the  hayward  or  other 
person,  impounding  the  same,  has  under   oath  declared   the  place  Evidence  in  re 
from  whence  he  took  such  animals,  judgment  shall   be   rendered  Plevin- 
against  the  owner  or  claimant  of  such    animals   to  pay  just  dam- 
ages and  cost,  unless  said  owner  can  show  to   the   satisfaction   of 
the  court  or  justice  that  the  said  animals   were  not    found  estray, 
or  going  at  large  in  the  streets  of  the  city. 

IS  KG.  19  If  any  person  shall  rescue  or  shall  assist  in  so  doing, 
or  shall  make  the  attempt  to  rescue  any  animals  as  aforesaid  out 
of  the  hands  or  custody  of  any  person  going  to  pound  therewith,  Rescue, 
or  shall  in  any  manner  resist  him  tlurein,  or  shall  by  any  means 
convey  said  animals  out  of  the  pound  or  custody  of  the  law  con- 
trary to  the  tenor  of  this  act,  the  person  so  offending  shall  for 
every  such  rescue  or  resistance  pay  a  penalty  of  seyen  dollars, 


m:non  earn- 


ers. 


70     Common  Carriers.  BY-LAWS.  Public  Grounds. 

to  the  impounder,  nnd  in  addition  thereto  shall  pay  all  damage  to 
the  pound  or  otherwise,  caused  in  consequence,  and  a  further 
amount,  if  by  reason  of  such  rescue  the  said  animals  are  not  im- 
pounded, equal  to  the  fees  and  charges  &c,  as  above  prescribed 
to  the  impounder  and  pound-keeper,  to  redeem  the  same  from  the 
pound  when  impounded. 

Sec.  2'»   Ti\e  common  council  may  make  such  order  in  relation 
to  the  hackmen  and  common  carriers  of  the  city,   and  the  vehicles 
Hackman  and   used   by  them  and    their  charges,    as  they  may  deem  proper,  con- 

r»f»r«  -nfin   «-••_»!  *»i_          »  It"! 

sistent  with  the  city  charter,  and  if  any  person  who  is  a  hnckmen 
or  common  carrier  shall  violate  any  such  order  or  regulation,  he 
shall  forfeit  and  pay  for  each  offense  into  the  city  treasury  the  sum 
of  five  dollars. 

SEC.  21.  Trials  of  speed    with  horses  or   mules,  and  riding  or 
driving;  of  the  same  at  a  furious  rate  in  the   streets  of  the   city  is 
Racing.  hereby  prohibited,  and   any  person   offending  herein  shall  forfeit 

and  pay  the  sum  of  five  dollars  for  each  offense.  Any  person  who 
shall  leave  any  horse  or  mule  in  any  street  of  the  city  unfastened 
or  not  securely  and  properly  fastened,  shall  forfeit  and  pay  the  sum 

b?St  iSfli0    of  one  dollar'  to  the  treasury  of  the  city. 

tened.  SEC.  22.  It  shall  be  the  duty  of  the  common  council  to  main- 

tain a  suitable  enclosure  or  fence  around  Union  Park  and  it  shall 

Union  parkand  h    their  duty  also,  to  maintain  a  suitable  enclosure  or  fence  around 

square?g  °E  Washington  square,  whenever  the  same  shall  be  ordered  to  be  built 
by  the  city.  The  said  fence  or  enclosure  to  be  far  enough  from  the 
side  lines  of  said  square  for  a  street  to  surround  the  same,  and 
the  said  square  may  be  divided  into  two  or  three  parts  by  one  or 
two  streets  crossing  the  same,  as  the  common  counncil  shall  direct, 
and  trees  shall  be  planted  at  suitable  points  in  said  square  and 
the  walks  laid  out  as  the  common  council  shall  direct ;  and  it  shall 
be  the  duty  of  the  street  commissioner  to  attend  to  the  keep- 
ing and  maintenance  of  such  walks  on  all  the  public  grounds,  in 
suitable  condition  for  public  use,  and  it  shall  be  his  duty  also  in 
working  and  repairing  the  streets  around  Washington  square  to 
see  that  the  same  are  worked  at  the  proper  distance  from  the  out- 
lines of  such  square. 


BY-LAW  VI 

HEALTH. 
Enacted  Sept.  28.  1851.  Approved  Oct.  13. 

Be  it  nrdnined  bv  the  Mayor,  Aldermen,  Councl'men  and  Free- 
men of  the  City  of  Middletown  : 

SEC.  1.  The  common  council  shall  in  conformity  with  the  city 
charter  be  aboard  of  health  for  the  city,  and  shall  appoint  from 
their  number  a  health  committee,  whose  duty  it  shall  be  to  see  that 


Health  BY-UWS.  Health  Nuisances.         71 

the  laws  of  the  state  and  by-laws   and  ordinances    of  the  city  in  Health  commit- 
regard  to  the  preservation  of  the  health  of  its   citizens  are  duly  tee' 
and  properly  enforced. 

SEC.  2.  If  any  person   shall   deposit   at  any  place  within  the 
limits  of  the  city  and   permit  the  same   to  remain  for  a  longer  pe- 
riod than  twenty-four  hours,  any  filthy,  putrid  or  unhealthy  sub-  Fiithysubstan 
stance  in  a  situation  where  the    health  of  the  citizens   is  liable  toces- 
be  impaired  or  be  endangered  thereby,   such  person    so   offending 
shall  forfeit  an-,1  p;iy  into  the  treasury  of  the  city  the  sum  of  three 
dollars  for  sucli  offense,  and   one  dollar   additional  for  every   day 
the  said  substance   shall   be   suffered   to   remain    unmoved   from 
within  the  limits  of  the  city,  after  notice  given  to  remove  the  same 
by  the  health  committee  or  by  the  street  commissioner. 

SEC.  3.  No  person  shall  keep  any  swine,  in  any  sty  or  enclosure 
within  five  rods  of  any  street  or  highway,  or  any  dwelling  house, 
store  or  shop,  other  than  his  own  within  the  limit  of  the  city,  on  Swine- 
penalty  of  three  dollars  for  each  offense,  and  one  dollar  additional 
lor  each  week  the  said  offense  shall  be  continued  after  notice  to 
abate  the  same  from  the  health  committee. 

SEC.  4.  It  shall  be  the  duty  of  the  health  committee   to   cause 
all  substances  which  shall  be  deemed  injurious  to  the  health  of  the 
citizens  to  be  removed,  and  all  filthy  places  which    may  be  in  like  Removal  of 
manner  deemed  injurious,  to  be  cleansed  ajid  purified,   and  if  any  ril!ust"CheVithU 
putrid,  filthy  or  unhealthy  substance  injurious   to  health,  shall  be  and  cleansing 
found  upon  land  owned  or  occupied  by  any  person   in  the  street  in  "f  filtby  places, 
front  of  land  so  owned  or  occupied,  and  if  there  shall  be  any  filthy 
place  on  such  land,  injurious  to  health,  the  said   health  committee, 
shall   notify,   in  writing  such  owner  and    occupant  to  remove  or 
cleanse  the  same  ;  and  if  not  so  removed  or  cleansed  within  the  time 
to  be  specified  in  the  notice  or  order,   it  shall  be  the  duty  of  the  Proceedings, 
health  committee  to  cause   the  same  to   he  removed  or  cleansed, 
and  the  expense   of  such  removal  or  cleansing  shall  be  paid  by 
such  owner  or   occupant,  and  he  shall  forfeit  and  pay  in  addition 
thereto  two  dollars  for  each  day's  neglect  to   comply   with  the  or- 
der of  said  health  committee,  and  on  a  refusal  of  such   owner  or  Expense 
occupant  to  pay  such  expense,  the  same  shall  be  recovered  of  such 
owner  or  occupant  by  action  of  debt. 

SEC.  5  All  substances  and  all  places  within  the  limits  of  the 
city,  from  which  a  noxious,  pestilential  or  offensive  effluvia  is  emit- 
ted shall  be  removed,  cleansed  or  purified,  by  the  owner  or  occupant, 
of  such  substances  or  places,  in  such  manner  as  the  health  com-N.°x'°U8efflu* 
mittee  shall  direct,  and  if  any  person  who  shall  be  the  owner  or  oc-  m' 
cupant  of  such  substance  or  place,  or  who  shall  be  instrumental 
in  causing  such  effluvia,  shall  refuse  or  neglect  to  remove  or 
cleanse  the  same  when  ordered  so  to  do  by  the  health  committee  or 
the  major  part  of  them  for  two  daysafter  being  so  directed,  it  shall 
be  the  duty  of  the  said  health  committee  to  proceed  in  regard  to 
such  person  as  prescribed  in  the  last  section,  and  such  person  shall 
forfejt  and  pay  the  penalty  prescribed  in  the  said  last  section  for 
his  refusal  or  neglect. 


72     Health  Nuisances. 


BY  LAWS. 


Health  Nuisances. 


SEC.  6.  No  person  shall  erect   or  cause   to  be  erected,  or  shall 

convert,  use,  hire  or  lease,  or  cause  to  be  converted,  used,  hired  or 

leased,  any  building  or  part  of  a  building  within  the   limits  of  the 

slaughter hou-  city;  for  the  purpose  of  a  slaughter-house,  and  any  person  guilty  of 

a  violation  of  this  law  shall  forfeit  and  pay  to  the  city  treasury  the 

sura  of  fifty  dollars,  and  the   further  sum  of  ten  dol  lars  for  every 

week   the   said  building  or  part  of  a  building  shall  continue  to 

be  used  by  such  person  as  a   slaughter-house  alter  notice  given  to 

remove  the  same  by  the  health  committee  or  the  common  council. 

SEC.  7.  No  person  shall  dress  or  clean   any   fish  or  desposit  or 

expose  for  sale,  or  for  any  other  purpose  any   fish,   clams,  oysters, 

Dressineof  fish  lobsters  or  any  animal   or  vegetable   substance  of  a   character   to 

&c  or  offering    incommocje  annoy  or  offend  the  citizens   of  the  city,   within  the 

them  for  tale.     ,.     .,       „  .    J  .  e  f  ,,  ,,.  111 

.  limits  of  any  street  or  or  any  of  the  public  grounds,  unless  by  vir- 
tue of  a  written  license  previously  obtained  of  the  common  council, 
and  any  person  guilty  of  violating  this  law  shall,  on  notice  from  the 
health  committee  or  street  commissioner,  forthwith  desist  therefrom, 
and  on  refusing  or  neglecting  so  to  do,  shall  forfeit  and  pay  the 
Penalty.  sum  of  five  dollars  to  the  city  treasury,  and  in  addition  thereto 

shall  pay  all  charges  and  costs  of  removing  the  same  by  the  said 
health  committee  or  street  commissioner,  who  are  hereby  authorized 
to  effect  such  removal;  and  if  such  person  so  offending  as  above,  shall 
immediately  or  soon  after  repeat  or  permit,  or  cause  to  be  repeated 
or  permitted  the  said  offense,  in  the  same  or  any  other  equally  im- 
proper place  within  the  limits  of  any  street  or  public  ground  of  the 
city,  such  person  shall  forfeit  and  pay  into  the  city  treasury  the 
further  sum  of  ten  dollars. 

SEC.  8.  The  selling  or  offering  for  sale  within   the  limits  of  the 
city,  any  substance  for  food  not  in  a   wholesome  condition,  or  con- 
taining poisonous  ingredients,  or  ingredients   calculated   to  induce 
The  sale  o*  ar-  disease  or  injury  to  health,  or  the  selling  or  offering  for  sale  within 
ti(;ie*  tj')r  fo."d.  said  limits,  any  drink  or  beverage  of  an  unwholesome   kind  or  con- 
'"'" '  "taming  ingredients  of  a  poisonous  character   and  injurious  or  pre- 
judicial to  health,  is   hereby  strictly   prohibited,   and  any  person 
who  shall  be  found  guilty  of  violating  this  law,  shall  forfeit  and  pay 
into  the  city  treasury  the  sum  of  twenty   dollars,   and  nny  person 
who  shall  after  having  been  thus  convicted,  repeat  or  cause  to  repeat- 
ed a  further  violation   of  said  law,  shall  forfeit  and    pay   into  the 
city  treasury  the  sum  of  fifty  dollars  for  each  repetition 

SEC.  9.  No  person  shall  put  into  any  spring,  or  well,  or  into 
any  stream  within  the  limits  of  the  city,  the  water  in  which  is  used  as 
a  beverage  or  for  washing  or  bathing,  any  substance  <r  ingredient 
which  shall  render  such  water  unsafe  or  unfit  for  such  purposes,  and 
any  person  guilty  of  violating  this  law,  who  shall  not  desist  from  such 
violation  after  being  notified  so  to  do  by  the  health  committee,  shall 
forfeit  and  pay  into  the  city  treasury  the  sum  of  ten  dollars,  and 
five  dollars  for  every  week  the  said  offense  shall  be  continued  after 
receiving  notice  to  desist  as  aforesaid. 

SKC.  13.  No  dead  body  of  any  person  shall  be  interred  within 
the  limits  of  the  city  except  in  some  public  burial  ground  specially 


prohibited.' 


Penalty. 


Protection  of 
water. 


Interments.  BY-LAWS.  Hearses.     73 

set  apart  for  the  purpose,  it  is  also  forbidden  to  expose  for  an  un-Bnrial  of 
reasonable  time  before  interment  the  dead  body  of  any  person 
whose  death  lias  been  caused  by  any  contagious  disease  or  to  inter 
the  same  within  the  limits  of  the  city,  unless  said  body  is  placed 
in  the  earth  at  least  five  feet  below  the  surface,  on  level  ground  and 
deeper  in  proportion  as  the  surface  of  the  ground  is  more  inclined 
and  for  each  body  of  any  person  unreasonably  exposed  as  above 
or  interred  contrary  to  this  law  the  person  or  persons  so  interring 
shall  forfeit  and  pay  the  sum  of  one  hundred  dollars,  together  with 
the  expense  of  reinterring  said  body  in  a  proper  place  and  manner 
as  directed  by  the  health  committee. 

SRC.  11.  It  shall  be  the  duty  of  the  common  council  to  keep  in 
serviceable  condition  at  the  expense  of  the  city,  two  hearses,  to 
be  placed  in  the  care  of  such  persons  to  be  called  hearse-masters  as 
they  may  deem  proper,  the  said  hearses  not  to  be  used  in  conveying  Hearscg  and 
bodies  other  than  those  who  while  living  were  residents  of  the  city,  j^arse  masters, 
unless  by  permission  given  in  writing  by  the  chairman  of  the  health 
committee,  and  any  person  violating  this  law  shall  forfeit  and  pay 
into  the  city  treasury  the  sum  of  ten  dollars  for  each  offense,  and 
any  person  who  shall  be  guilty  of  mutilating  or  injuring  in  any 
way  any  hearse  or  its  appendages  shall  forfeit  and  pay  .the  sum  of 
twenty  dollars,  and  shall  in  addition  thereto  pay  all  damage  or  ex- 
pense of  repairing  the  same. 

SEC.  12.  If  any  minor,  apprentice,  servant  or  agent,  shall  be 
found  guilty  of  a  violation  of  any  of  the  provisions  of  this  by-law, 
the  parent  or  guardian,  master,  or  principal  of  such  minor,  appren-  Minorg  lo> 
tice,  servant  or  agent  shall  pay  into  the  city  treasury  the  penalty 
or  penalties  affixed  to  such  violation,  to  be  recovered  by  actiou 
of  debt. 


BY-LAW  VII. 

REPEAL  OF  FORMER  BY-LAWS. 
Enacted  Sept.  28.  1857.  Approved  Oct.  13. 

Be  it  ordained  by   the  Mayor,   Aldermen,   Councilmen  and  Free* 
men  of  the  City  of  Middle.town  : 

That  all  by-laws  of  the  city  of  Middletown,  in  force  on  the 
first  day  of  September,  A.  D.,  one  thousand  eight  hundred 
and  fifty  seven,  be  and  the  same  are  hereby  repealed. 


11 


1 1ST  D  E  X . 


ACT  incorporating  city  and  amendments  to  be  deemed  public  acts         ;        13,  21, 24,  32 

how  altered  or  revoked,  -  -  .13, 34 

ALDERMAN  Senior,  to  be  moderator  of  city  meetings  and  of  meetings  )   12,  45 

of  Common  Council  in  absence  of  mayor,  -  » 

power  of,  in  absence  of  mayor,        - 
ALDERMEN,  may  sign  warrant  to  collect  assessments  for  aide-walks,        -  * 

to  make  complaint  to  mayor  for  negligence  of  collector,  • 

have  same  power  as  justices  of  peace  in  civil  cases, 

appeal  from  to  city  court,  when  allowable, 

fees  in  trials  before,  processes  in  action  before,  how  taken, 

writs  before,  how  served  ;  to  be  present  with  clerk  at  drawing  of  jury, 

to  be  sworn  ;  relative  to  property,  qualifications  of,     -  IK 

same  power  to  keep  the  peace  as  justices  of  the  peace, 

may  issue  processes  against  offender  and  summon  witnesses, 

may  require  aid  of  any  sheriff,  constables  or  watchmen, 

persons  resisting,  penalty,   and  compensation  for  aiding, 

number  and  "election  of,  25  ;  may  enter  and  inspect  medical  institutions, 

duties,  and  powers  relative  to  intemperance,  - 

when  elected,  penalty  for  refusing  to  serve, 
AMENDMENTS  to  charter,  how  made, 
ANCHORING  of  vessels,  power  to  regulate, 
ANIMALS,  power  to  make  by-laws  relative  to, 

impounding  of ;  any  person  may  impound,         -  68,  6! 

replevin  and  rescue  of, 

ANIMAL  Substances,  relative  to  sale  and  deposit  of  in  streets, 
ANNUAL  election  ot  city  officers, 
APPEAL,  when  aggrieved  by  laying  of  sidewalks, 

from  city  court  6,  from  aldermen  to  city  court, 

from  assessments  for  drains  and  nuisances, 

from  reappraisement  in  laying  out  of  streets,  Ac.,         -  • 

APPRAISERS  of  land  for  highways,  appointment  of, 
ASSESSOR  city,  election  of,  25  ;  duties  of,  to  report  to  common  council,    - 

oath  and  compensation  of, 
ATTORNEY  city,  to  prosecute  for  breach  of  by-laws,  and  to  be  sworn,       -  -    7,  66 

election  of,  -  -  ...  -    7,  25 

VENUES,  public,  (see  streets,) 
BADGES  of  city  officers,  and  of  police  to  be  worn  at  fires,  Ac.,        -          -          -  48> 55 


INDEX.  76 

BAKEKS,  power  to  license,  26 

BALLOTS,  how  deposited  at  election  of  officers,    -  4 

how  to  he  counted,   not  to  be  received  after  box  is  opened,    -  4 

BALLOT  BOX,  city  to   provide,  how  constructed,  «fcc.,  4 

bow  long  to  remain' open  at  election,  -         23 

BEACON  LIGHTS,  when  to  be  placed  on  streets,  penalty  for  neglecting  or  removing,     bo 

BELLS,  ringing  of,  power  to  regulate,  27  ;  relative  to,  -  48,  4» 

BEVERAGE,  selling  unwholesome  aud  poisonous, prohibited,  -         "I'i 

BILLIARD  TABLES,  bowls,   uiiie-piu  alleys.  <tc.,  for  recreation  only  to  be  licensed      3~> 

BOARD  OF  HEALTH,  powers  of,  -        28 

BONDS,  to  be  given  by  sheriffs  5,  48  ;  for  prosecution  in  issue  of  writs,        -  8 

of  city  officers,  power  to  make  by-laws  relative  to,  -        27 

of  treasurer,  49 ;  of  street  commissioner,           -  fi4 

BOUNDARIES,  of  city,  -        25 

BREAD,  power  to   make  by-laws  relative  to  assize  of,  1 1 

weight  of,  power  to  regulate,         -  2(> 

BRICK,  tor  side-walk?  prohibited,  -        65 

BUILDINGS,  power  to  make  by-lnws  relative  to,  to  guard  against  fire,        -  -  11,27 

of  wood  not  to  be  erected  within  certain  limits*.  -        58 

to  be  inspected  by  fire-wardens,  to  be  provided  with  fire-buckets  &c.,  -        57 

BURIALS  and  burial  grounds,  power  to  make  by-laws  relating  to,  11 

relative  to,                                                            -                        -  73 

BUTCHERS  rower  to  license,       -  -  .....        26 

BUTTERNUT  STREET,  north  part  changed  to  Hill  Street.  -        63 

BY-LAWS,  to  be  approved  by  freemen  of  city  ;  publication  of;  repeal  of  by  Superior  ct  27 

prior  to  Sept.  1,  1857,  repealed,        -                                                    -  -        73 

CANNON'  FIRING  of,  power  to  regulate,  Ac.,        -  -  27,48 

CARRIAGE  and  Carts,  power  to  make  by-laws  relative  to,  -        2t> 

CARTMEN,  power  to  license,        -  -        26 

CHANNELS,  power  to  make  by-laws  relative  to.                                 -            -  11 

CHARTER,  of  1784,  page  1  ;  revised  1821,  page4  ;  amendments  to,  -        13 

and  amendments,  public  acts,         -  ...     13,21,24,32 

CHIMNEYS,  power  to  make  by-laws  relative  to,  -        11 

emitting  fire,  &c.                                                                           -            -  -        58 

CIGARS  and  pipes,  when  lighted,  prohibited  in  barns,  &c.,                           -  -        59 

CITY,  corporate  title  and  powers  of,        -  ...  24,  25 

liability  of,  by  default  ot  sheriff,  5 

inhabitants  ot,  part  of  town  of  Middletown,             -                -            -  -        13 

CITY  ATTORNEY,  (see  Attorney,) 

CITY  CONSTABLES,  election,  number  and  powers  of,      -  -        25 

.CITY  COURT,  time  of  holding,  jurisdiction  of,    -  5 

appeals  from,  sureties  in  relation  to,                          -  6 
limitation  as  to  appeal?,  writs  of  error,      -               -               ...          6 
organization  of,  absence  of  members,  how  supplied,                ...          7 

power  of  a  single  judge,  special  election  to  be  held,  power  of,  7 

t'des  of,  same  as  superior  courts.      -                            -                            ,  .          7 
service  of  writs,  and  when  returnable,      -               -               ...          7 

power  of,  in  issues  of  fact,              -            -               -               -            -  -        10 

powers  of.  not  affected,  by  act  relative  to  courts,    -                -           -  -        39 

writs  of  error  in  stay  of  execution,                                                        .  -  39,  49 

CITY  OFFICERS,  oath  of,  to  be  recoM«d  before  being  qualified  to  act,       -  -      '  25 

CITY  MEETINGS,  may  be  adjourned  by  major  vote,  .        12 

special,  to  be  called  as  city  directs,       ...                          -  -        12 

questions  to  be  decided  by  a  majority  of  those  present,                     •  -        12 

annual,  officers  to  be  voted  for  on  one  ballot,           .     '          .           -  -        25 

power  of  waraing  ;  to  make  by-laws  relative  to,      -               -           •  -        26 

object  of,  to  be  specified  in  warning,      -               -                .  -        36 

\vhentobebeld.recordsoftobepreserved,           -               -  -        45 

common  council  may  call,  notice  of,  how  to  be  given,         -  -46 


INDEX.  77 

to  be  called  on  petitioo  of  50  freemen,     -                              -  46 

to  supply  vacancies  in  city  offices.  -         4fi 

CLEANLINESS  and  health  of  city,  power  to  make  by-laws  relative  to,         -  27 

CLERK  OF  CITY,  may  make  record  of  his  own   election,  1 

election  aud  duties  of ;  records  by  valid,  -  -    4,25 

to  be  sworn,  to  enroll  names  on  electors  lit-t,                            -  23 

to  attend  meetings,  and  prepare  list  of  voters  at  election.       -  45 

to  be  clerk  ot  common  council,  and  to  be  notified  of  meetings,  -        46 

to  register  names  of  members  ot  fire  department,    -  -52 

to  make  records  of  discharges  from  fire  department,  -        53 

compensation  of.  -  -  -  ...  46, 64 

CLERK  OF  CITY  COURT,  his  powers,  oath  of,  - 

instructions  to,  relative  to  jurors,                               -  9 

to  issue  warrant  for  sheriff,  to  summon  jury,  9 

COLLECTOR'S  WARRANT,  relative  to  side-walks,  how  signed,  his  powers,  3 

COLLECTOR  OF  TAXES,  how  appointed,  his  powers,  when  accountable,  5 

when  neligent,  mode  of  proceeding  against,  5 

election  of,    -                -                -                -                -                -            -  -         25 

to  be  furnished  with  list  of  tax-payers  by  treasurer,  -        iO 

to  give  bond  with  sureties,         -                -                -  51 

to  receive  warrant  from  mayor,  -                              .               -  -51 

to  pay  over  tax  aa  fast  as  collected,           -                                 -  51 

if  unable  to  collect  tax,  how  excused,      .  -                -                *  51 

COMMON  CARRIERS,  compousatiou  of ;  common  council  to  regulate,      -  -        70 

COMMERCE,  power  to  make  by-laws,  relative  to,               -  26 

COMMON  COUNCIL,  to  establish  side  walks,  and  alter  same,                       -  2 

to  order  grading  and  flagging  of  side-walks,              -               ...  2 

to  limit  time  for  constructing,  and  apportion  expense  of  side  walks,  2 

to  build  or   improve  side-walks,  when  proprietors  neglect,      -  3 

to  appoint  collector,  to  collect  assessments  for  side-walks,      -  3 

to  establish  cross-walks,             -                              ...  3 

annual  meeting  of,                                                                      -  .9 

to  elect  jurors  for  city  courts,    -  9 

how  organized,  powers  of  by  major  vote  to  make  by-laws,      -  11 

power  to  prohibit  buildings  of  wood  within  certain  limits,      -  11 

to  organize  and  establish  rules  for  engine  co.  No.  3,  -        13 
to  organize  fire  engine  co.  No.  4,                                ....        15 

to  raise  thirty  additional  firemen,  -  .  ...        15 

to  cause  certain  health  nuisances  to  be  removed         ] 

and  how  places  to  be  filled,  and  apportion  i/xpense                               •  -19,20 

on  individuals  and  the  city,  and  appoint  collector,     j 

may  construct,  or  cause  drains  to  be  constructed,  j 

and  assess  expense  and  collect  as  above,  ) 

may  remove  all  offensive  substances  and  assess      j 

expense  as  above,  J 

may  appoint  special  constables,     -                               -            -            -  -        22 

to  perfect  list  of  voters.  -  ...        23 

to  direct  expenditures  on  streets,                                               .  24 
to  appoint  highway  or  street  commissioner,  -               ....        24 

organization  and  quorum  of,  ...        26 

meetings  of,  power  to  make  by-laws  relative  to  warning  of,              -  -        26 

a  board  of  health  ;  may  appoint  health  committee,                  -            .  -      "28 


assent  of,  necessary  to  lay-out  of  streets,    - 

to  notify  owners  before  lay-out  of  streets,     - 

may  appoint  committee  to  lay  out  streets,    - 

may  order  reconsideration  of  appraisement  of  land,  - 

to  make  survey  of  lay-out  of  streets,  and  put  on  record, 

(o  limit  time  of  opeaiug  of  streets, 


28 
29 
29 
30 
30 
30 


78  INDEX. 

authorized  to  provide  for  widening  streets,  -        31 

authorized  to  construct  sewers,  and  assess  expense  on  individuals,      -  -        32 

may  regulate  carriages.  £c.,  and  price  of  conveyance  J 

without  concurrence  of  city  meeting, 

may  license  nin-piu-alleys,  bowls,  and  skettles,  -        35 

may  license  billiard  tallies,  -         35 

may  regulate  theatrical  exhibitions,  circuses  excepted,  -  -        40 

may  appoint  flre  marshals',.  .  -42 

meetings  monthly,  <fec.,  bow  called,  mayor  to  preside,  .  .  45;  4(> 

records  of,  to  be  preserved,  -  .  '  46 

to  prescribe  budges  for  police,         -  ...         48 

to  regulate  ringing  of  church  bells,  and  blowing  of  steam  whistles,    -  .49 

may  offer  rewards  to  detect  trespassers,  and  ^mploy  special  watch,    -  .49 

may  require  treasurer  to  renew  bonds,      -  ...        49 

to  approve  oi  all  claims  before  payment,  except  monies  j  - , 

loaned  to  city,  and  interest  monies, 

to  fix  compensation  of  treasurer  and  assessor,         -  .  .  -  50  51 

to  elect  and  discharge  members  of  fire  department,  .  .  -  52  i 

powers  of,  relative  to  purchase  of  flre  apparatus,     - 

may  allow  fire-works,      -  -        59 

to  approve  of  shade-trees  in  streets, 

to  direct  as  to  deposit  of  building  material,  &c., 

to  order  payment  of;  expense  for  removing  street  nuisances, 

to  provide  pounds  for  animals, 

to  regulate  common  carriers  and  hackuien, 

power  and  duty  of,  to  inclose  public  grounds         j 

aud  keep  walks  therein  in  order,  &c., 

to  provide  hearses  at  expense  ot  city,  and  f 

appoint  hearsemasters,  73 

COMMON   VICTUALERS  power  to  make  by-laws  relative  to.  26 

COMPENSATION  to  persons  aiding  in  preservation  o)' peace, 

of  city  officers,  aldermen  8,  assessor  51,  clerk, 

of  sheriffs  48,  of  street  commissioner,  24.  of  treasurer, 

ot  engineer  54,  of  fire-wardens  58,  of  fire  companies, 

CONSTABLES  and  special  constables,  their  duties,  4854 

CONVEYANCES  in  city,  power  to  regulate,  price  ol,        -  .  '2g 

COUNCILMEN,  number  and  election  of, 

when  elected,   penalty  for  refusing  to  serve, 

to  be  sworn,  oath  of,  .  JQ 

CROSS-WALKS,  to  be  established  by  common  council,      - 

to  he  built  at  expense  of  city,     - 

DAMAGE  to  city  wells,  reservoirs,  &c.,  penalty  for  causing, 
DEAD  BODIES,  relative  to  dissection  of, 
DISCHARGE  of  members  of  fire  department, 
DISEASE  contagious,  deaths  by,  bodies  how  interred, 
DISTURBANCE  in  night  season,  penalty  for, 
DRAINAGE  of  land,  by  common  council, 
DKAINS,  repairs  of,  by  common  council, 

if  proprietors  neglect  to  make,  may  be  assessed, 

proprietors  if  aggrieved   may  appeal,        ... 

power  to  make  by-laws  relative  to, 

DRINKS,  unwholesome  and  poisonous,  penalty  for  Belling, 
DRUMS  beating  of,  power  to  regulate, 

mayor  and  common  council  may  allow        - 

penalty  if  not  allowed, 
ELECTION  of  city  officers,  clerk  and  treasurer,  - 

penalty  for  illegal  voting  at,      - 

annual  25,  how  conducted,          -  .  03 

if  no  choice,  a  new  one  to  be  held, 
ENCUMBRANCES  ou  railroad  tracks,  power  to  make  by-lavra  relative  to, 


INDEX. 

ENGINEERS  of  fire  department,  exempted  from  military  )  3g  37 

duty,  serving  on  jury  and  poll  tax,  j 

ENGINEER  and  assistants  of  fire  department, 

their  powers  and  duties,  (see  fire  department.) 

EXHIBITIONS,  theatrical,  &c.,  except  circuses,  regulation  of,  40 

FIRE,  false  alarm  of,    penalty  for,  69 

FIRE,  Hook  and  Ladder  company,  resolve  of ;  general  assembly  authorizing,  14 

FIRE-ARMS  use  of,  power  to  make  by-laws  relative  to,  27 

FIRE  BUCKETS,  owners  and  occupants  of  building  to  keep,         -  -  51 

FIRE  COMPANIES,  to  have  30  men  each,  -  15 

authorized  to  make  by-laws,  and  impose  taxes  on  themselves,  15, 16 

FIRE  DEPARTMENT,  organization  of,  -  51 

members  of,  exempt  from  jury  and  military  service  and  poll  tax,        1,  2,  36,  37,  38 
officers  and  members  of,  elected  by  common  council,  discharge  of  members, ) 
enlistments  in,  how  made,  and  certificates  of  election,  62 

register  of  names,  and  time  of  service,  nomination  of  officers, 
discharge  to  be  in  writing,  and  to  be  recorded,  ~) 

engineer  to  have  control  of,  under  mayor, 
discipline  and  drill  of  members, 

inspection  of  engines  and  apparatus,  <5cc.,  -  »  53 

amount  which  engineer  is  authorized  toexp'd  annul'y 
engineer  to  report  annually  to  common  council,  j 

engineer  to  have  entire  command  at  fircp.        ....  5 

engineer  may  command  aid  of  persons  present  atfirea,  ] 
and  may  demolish  buildings  with  assent  of  civil  | 

authority  present,  his  duties  subsequent  to  fires  and      1 
compensation, 

compensation  of  fire  companies,  payments  | 

•when  made,  powers  and  duties  of  assistant  engineers.     J 
penalty  for  disobeying  orders,  duties  of  firemen  on  alarm  of  fires.  ~] 
penalty  for  absence  from  fir°s,  or  from  drill,  what  excuses  valid/ 
foremen  and  assistant  foremen,  of  companies,  J.     .  55 

their  powers  and  duties,  penalty  for  disobeying  engineer,  when  to  | 
call  out  their  companies  for  drill,  to  have  care  of  engines,  &c.,       j 
foreman  to  preserve  order  in  their  companies,  in  engine-  houses  and") 
elsewhere,  purchase  of  fire  apparatus,  duties  of  persons  at  fires,  not    | 
members  of  fire  department,  penalty  for  refusing  to  assist,  improper  \     -  56 

use  of  fire  engines  and  apparatus.'and  taking  same  from  city  without   | 
leave  prohibited,  division  of  city  into  wards,  their  boundaries 

FIRE  ENGINE  Cjo.  No.  1,  resolve  o*  assembly  authorizing,-  -  1 

No.  2,  act  of  general  court  authorizing,  j  2 

No.  3,  act  of  general  assembly  authorizing,         -  .1  13 

common  council  to  establish  rules  for  ...  .  IS 

No.  4.  resolve  of  general  assembly,  authorizing,          ...  15 

FIRE  ENGINES  and  fire  apparatus,  and  engine  houses,  penalty  for  injury  to,         -         59 
FIRE  LIMITS,  defined  and  erecting  of  wooden  buildings  prohibited  -  59 

FIRES,  power  to  make  by-laws  relative  to,  -  ...  27 

sheriffs  to  be  present  at,  and  wear  badge,  ...  47 

constables  and  special  constables  to  be  present  at,  and  wear  badge         -  48 

business  exposing  to  prohibited,    -  .58 

duties  of  persons  at.  not  members  of  fire  department,  -  56 

incendiary,  investigation  into  causes  of,        -  42 

FIRE  MARSHALL   election  of,  his  duties  and  powers  of,  .  42  52 

FIRE  WARDENS,  to  be  elected  by  common  council  ...  52 


to  be  residents  of  their  respective  wards,  duties  of,  on  occasion  of  fires  ) 
to  inspect  buildings  annually  and  report  in  relation  to  their  security'  >• 
and  means  of  access,  '  '  I 

to  wear  badges  at  fires,  and  produce  certificate  of  their  election  if  reauir- ) 
ed  by  owner  or  occupant  of  building  inspected  ;  their  compensation, 


57 
-    58 


INDEX.  SO 

exempt  from  military  and  jury  service  and  poll  tax,    -  36  37 

FIRE-WOKKS,  power  to  regulate,                                                               -  27 

penalty  of  illegal  burninsr  or  sale  of,  on  occasions  of  festivity  allowed,        -      48,   59 

FISH,  relative  to  sale  and  dressing  of  in  streets,      -                -  72 

FLOUR,  manufactures  of,  power  to  make  by-laws  relative  to,  11 
FLUES,  (see  chimneys,) 

FOOD,  unwholesome  or  poisonous,  penalty  for  selling,  72 

FREEDOM  OF  CITY,  power  to  grant,  and  privileges  conferred  by,  -  5 
FUSE,  (see  gunpowder,) 

GAS,  and  gas-pipes,  &c.,  power  to  regulate,  27 

GRAND  JURORS,  how  appointed,  number  and  duties  of,    )  ,- 

to  be  sworn,  term  of  office  f 

GROCERS  petty,  power  to  license,          ...    -  26 

GUARDIANS,    responsible  for  wards,      ....  60 

GUNPOWDER,  power  to  make  by-laws  relative  to  12,  27 

GUNPOWDER,  gun-cotton  and  fuse,  how  kept  and  sold,  &c.,  60,73 

GUNS,  pistols,  £c.,  firing  of  prohibited,  -  48 
GUTTERS,  power  to  make  by-laws  relative  to,  -  -26 

HACKMEN,  and  common  carriers,  relative  to,  -  70 
HACKS,  power  to  license  and  make  by-laws  relative  to,  -  -26 
HACKS,  carriages,  &c..  common  council  to  regulate  and  ^ 

regulations  to  be  published, 

HAYWARDS,  election  of,  their  power  and  duties,  -  68,69 

HEALTH,  power  to  make  by-laws  relative  to,  common  council  a  board  of,  27,  28 

sale  of  articles  prejudicial  to  prohibited  ;  nuisances,     -                -  72 
HEALTH  COMMITTEE,  how  appointed,  powers  of,                                             -    28,  71  72 

to  cause  putrid  and  unhealthy  substances  to  be  removed, )       .  9R 

expense  how  defrayed, 

HEARSES  and  hearsemasters,  relative  to,                -               -  73 

penalty  for  using  improperly,  or  injuring,      -  73 

HIDES,  leather,  &c.,  power  to  make  by-laws  relative  to,        -  33 
HIGHWAY  surveyor  (see  street  commissioner,)      -               -               - 
HIGHWAYS,    (see  streets,)        -                              . 

HOOK  AND  LADDER  company,  members  of,  exempt  from  military  duty, )  ,„ 

and  from  commutation  tax, 
HORSES  AND  MULES,  racing  of  in  streets  prohibited,    { 

penalty  for  leaving   unfastened, 

HOUSES  for  fire  engines,  engineer  to  attend  to  repairs  of,    -               -           -  53 

ILL  FAME  houses  of,  relative  to,               -               -               -              .  17 

IMPOUNDING  of  animals,  ;  27  68 
INCENDIARY  fires,  relative  to,  ... 

INHABITANTS  of  city,  part  of  town,       ....  13 

INSPECTORS  of  produce,  by-law  relative  to,  oath  of,            -  11 
city  to  appoint,                                  .... 

INSTITUTIONS  medical,  right  of  mayor  and  aldermea  to  enter,           -  33 

INTEMPERANCE,  relating  to  suppression  of,  trials,  fees  and  appeals,  -  37,  38 

jurisdiction  of  police  courts  in  relation  to,                     -               -  s« 

INTERMENTS,  relative  to,  .... 

JUDGES  of  city  court,                                               ...  7 

JURORS  of  city  court,  to  be  elected  annually  by  common  council,   ) 

names  ot  to  be  returned  to  clerk  of  city  court,  --        -        -     9 

how  drawn  by  sheriffs,  penalty  for  neglect  of,  j 

deficiency  in  number  how  supplied,  oath  of,                 ...  10 

power  to  make  by-laws  relative  to,                 ....  26 

JURORS  GRAND,  how  appointed,  their  duties,  number,  ) 
to  be  sworn,  term  of  office, 

JURORS  duty,  exemption  from,  -  .  .  -  -         36  37 

JURY  of  six,  in  issues  of  fact,                                .               .               .           .  '  jo 

JUSTICES  of  peace,  when  to  act  as  members  of  city  court,    ...  7 

powers  of  relative  to  intemperance,              ...  37 


INDEX. 


81 


LAMPS,  and  lamp  posts,  penalty  for  injury  to,  -               67 

LANDING  places,  power  to  regulate,        ...  r                27 

power  to  lay  out,  &c.,  see  streets,  -  28 

LEATHER,  hides,'&c.,  power  to  make  by-laws  relative  to,     -  -33 

LICENSES,  power  to  make  by-laws  relative  to,        -  26 

LIFE,  power  to  make  by-laws  for  the  protection  of,                                -  27 

LIGHTS  public,  power  to  regulate,           .....  27 

in  barns,  £c.,  to  be  enclosed,           -  59 

beacon,  where  to  be  placed  on  streets,  and  penalties    )  -- 
for  neglecting  or  removing, 

LIMITS  OF  CITY,                                      .....  25 

LIST  of  electors,  preparation  »f,               .....  23 

MAINE  LAW,    (see  intemperance,)         .                .                ...  36  37 

MARKETS,  power  to  make  by-laws  relative  to,      ....  6 

MARSHAL  FIRE,  relating  to,                  .....  42 

MASTER,  responsible  for  servants  and  apprentices,           .           J           .  60,73 

MATERIALS,  and  merchandise  in  streets  relating  to,         ...  67 

MAYOR,  to  issue  warrant  to  collector  relative  to  side-walks,         .           .  3 

and  aldermen  ballots  at  election  to  be  deposited  in  presence  of,       .  4 

or  alderman  to  sign  tax  collectors  warrant,              .           .           .  5, 51 

and  aldermen  collector  accountable  to,       .               ...  5 

to  issue  warrant  against  estate  of  negligent  collector,                      .  5 

to  be  sworn,       .......  10 

property  qualificatian  of,  power  to  make  by-laws  relative  to,           .  11 

to  sign  transfers  of  real  estate  of  city,           ....  12 

vacancy  in  office  of,  how  filled,    .....  12 

to  be  moderator  of  meetings  of  city  and  common  council,                .  12,45 

power  of,  may  issue  process  against  offenders  and  summon  witnesses.  16 

may  require  aid  of  any  sheriff  constable  or  watchman,          .            .  16 

persons  resisting,  penalty,  persons  aiding,  compensation,     .            .  17 

to  be  chief  executive  magistrate  and  conservator  of  the  peace,       .  17,45 

may  suppress  riots,  tumults,  <fcc.,  with  force  and  strong  hand,  17 

may  commit  to  prison  for  24  hours,  and  enter  suspicious  houses,     .  17 

may  commit  for  48  hours,  persons  refusing  to  disperse,        .           .  17 

powers  of,  same  as  sheriff  to  disperse  rioters           .                          ,  18 

may  call  out  military  to  assist,  penalty  for  resisting,                       .  18 

to  apprehend  rioters  if  they  do  not  disperse,          .                          .  19 

to  be  elected  biennially,           ...                          .  26 

to  sign  notice  to  owners  of  land  in  layout,  &c.,  of  streets,               .  29 

to  appraisers  of  land,  for  highways,        .               .                          .  29 

powers  and  duties  of,  relative  to  intemperance,     .                          .  37 

to  call  meetings  of  common  council  and  make  annual  report,          .  45 

absence  of,  senior  alderman  to  act,           ...  45 

to  have  custody  of  city  seal,                                   ,                          .  47 

to  call  city  meetings,                ...                          .  46 

to  approve  bonds  of  treasurer  and  sign  orders  on  treasurer,            .  49,  50 

may  pay  monies  borrowed,  and  interest  without  approval  of  common  council,      50 

to  give  leave  to  use  fire  engines  and  apparatus,  ...  56 

to  wear  badge  at  fires  and  license  fire  works,    .               .               .  58,  59 

MEDICAL  INSTITUTIONS,  mayor  and  two  senior  aldermen  may  enter,  .  33 

MEETINGS  OF  CITY,  (see  city  meetings,)      .... 

MIDDLETOWN,  town  of,  to  maintain  bridges  in  city  as  heretofore,  24 
MIDDLETOWN  GAS  LIGHT  COMPANY,  privileges  conferred  and  restrictions  upon,  22 

MILITARY  DUTY,  exemption  from,                          .               .                .  1,2,36,37,38 

MILITARY,  marching  of  in  streets,  power  to  regulate  by,  by-law,           .  12 

MILITARY  PARADES,  power  to  designate  places  for  in  or  near  city,       .  12 


82  IXDEX. 

MINORS,  relative  to,  ...  60,  68,73 

MOORING,  and  moving  of  vessels,  power  to  regulate, 

NAMES  OF  STREETS,                  .                .                .                .                .  60,  63 

NINE-PIN- ALLEYS,  license  of  for  recreation  only,      . 

NOISE,  in  night  season,  power  to  make  by-laws  relative  to,         .  . 

or  disturbance,  relative  to,                  ....  48,  4£ 

NOTICE,  to  owners  of  land  on  layout  of  streets,  and  how  served, 

NUISANCES,  injurious  to  health  how  removed,       ...  19,  28,  71 

of  all  kinds,  power  to  make  by-laws  relative  to,              .                .  26,  27 

or  obstructions  in  streets  how  disposed  of,        .                .                .  66,67 

OATH  OF  CITY  CLERK,               .                .                .                .                .  7,  10 

of  jurors,  mayor,  and  aldermen,  councilmen  and  sheriff,     1  JQ 
by  whom  administered,                                                         $ 
certificate  of,  to  be  given  and  recorded  before  being  qualified  to  act, 
of  inspectors  of  produce,  power  to  make  by-laws  relative  to, 

of  recorder,  16,  of  grand  jurors  17,  of  special  constables,                .  21 

of  appraisers  of  right  of  way  for  streets,  &c.,                    .                .  29 

of  treasurer,  49.  assessor  51,  of  hayward,          ...  68 

OATHS  OF  CITY  OFFICERS,  power  to  make  by-laws  relative  to,        .  27 

OBSTRUCTIONS  IN  STREETS,  &c.,  power  to  make  by-laws  relative  to, 

penalties  for  p  acing,           .....  65 

OFFICERS,  to  be  elected  at  annual  meeting, 

to  be  voted  for  on  one  ballot,  and  rank  according  to  number  of  votes,  .  25,  26 

to  hold  office  until  others  are  elected  and  qualified,           .                .  26 

to  be  chosen  by  common  council.         ....  26 

executive,  subordinate  to  mayor,        ....  45 

elected,  penaltv  for  non  acceptance,   ....  46 

ORDNANCE,  firing  of  in  city  prohibited,       ....  48 

PARSONAGE  STREET,  name  changed  to  College  street,            .                .  61 

PAY  OF  OFFICERS,     (see  compensation.) 

PENALTY,  for  neglect  of  duty  by  jurors  and  sheriffs,               .               .  9 

in  case  of  city  officers  refu-ing  to  serve,          .                .                .  11,46 

for  resisting  mayor  or  senior  alderman,              ...  17,  18 

in  case  military   refuse  obedience  to  the  mayor,                 .                .  18 

for  resisting  special  and  city  constables,              ...  22 

for  erection  of  buildings  beyond  building  line,  "...  32 

for  illegal  sale  of  leather  hides  and  skins,          ...  33 
lor  violation  of  rules  relative  to  hacks,  carriages,  &c., ) 

how  enforced   if  not  paid  in  30  days.                                                   •  o4,  <  0 

for  violating  law  relative  to  billiard  tables,  nin-pin  alleys,  &c.,       .  35 
for  beating  drums,  discharging  fire  arms,  ringing  bells,  blowing  steam  whistles,  &c.  48 

for  causing  disturbance  in  streets,        ....  49 

members  of  fire  department  for  disobedience,      .                .  55 

for  absence  from  Sre  and  drill  of  firemen,           .  55 

for  disobeying  foreman,            ....  55 
when  persons  at  fires,  not  members  of  fire  department  refuse  to  obey  orders,      56 

for  using  fire  engines  without  leave,    ....  55 

for  taking  fire  engines,  out  of  city  without  leave,             .  56 

for  neglect  of  order's  of  fire  warden,    .               .  57 

for  neglect  to  keep  fire  buckets,           ...  57 

for  refusing  fire  warden  access  to  building,           .                .  58 

for  chimneys,  &c.,  emitting  flames  and  sparks,  &c.           .                .  58, 59 

PENALTY  for  carrying  lighted  cigars  or  pipes  into  barns,  &c.,  '  69 

PENALTY  FOR  INJURY  TO  PUMPS,  reservoirs,  fire  engines  &  apparatus  &  house,     59 
for  false  alarm  of  fire,  and  announcing  fire  to  be  extinguished  when  it  is  not,        59 

for  illegal  sale,  and  burning    of  fire  works,        ...  59 

for  illegal  sale  and  keeping  of  gunpowder,  guu  cotton  and  fuse,       .  60 

for  placing  obstructions  and  nuisances  in  streets,               ,             .  65  66 


INDEX.  83 

for  removing  beacon  lights  placed  in  streets,      ...  67 

for  driving  upon  side-walk  and  injury  to  trees,  lamps  and  lamp-posts,  67 
for  neglecting  to  keep  side-walk  clear  of  obstructions, 

for  racing  horses  or  mules  in  streets,    ....  70 

for  leaving  horses  or  mules  unfastened  in  streets,              .                .  70 

for  causing  nuisances  injurious  to  health, 

for  keeping  swine  contrary  to  law,       .... 

for  putting  slaughter  houses  in  city,     .... 

for  dressing  and  sale  of  fish,  and  deposit  and  sale  of  vegetables  in  streets, 

for  selling  food  and  drinks  prejudicial  to  health, 

for  injury  to  water  in  wells  or  streams, 

for  interments  in  violation  of  law,         .... 

for  injury  to  city  hearses,       .....  73 

PENALTIES,  to  be  prosecuted  for,  by  city  attorney,    . 

power  to  inflict,  for  breach  of  by-laws,                  .                .                .  12 

to  be  to  use  of  city  or  otherwise  as  by-laws  shall  direct,    .                .  12 

to  be  recovered  before  city  court,  by  treasurer,  &c.,            .                .  12 

no  appeal  from  ;  relative  to  gunpowder,              ...  12 

not  exceeding  $7,  may  be  sued  for  before  recorder  or  alderman,  [  ,„ 
right  of  appeal   to  city  court,                                                           J 

power  to  make  by-laws  relative  to,         ....  27 

not  to  exceed  in  each  case  a  fine  of  $100,   and  forfeiture  of  $100,      .  27 

under  by-law  4  relative  to  fires  how  recovered,                    .                .  60 
parents,  guardians,  masters,  or  employers  responsible  for,  in  case  of  minors  60,  68,  73 
for  animals  found  estray  and  impounded,              .                .                .68,  69 
for  rescuing  animals  impounded  or  resisting  haywards,  <fcc.,                 .              69,  70 
for  disobeying  order  of  health  committee,              .                .               .                71,72 
lor  not  removing  health  nuisance,          .                .                .                .               71,  72 

PERSONS,  compensation  of  for  assistance  to  mayor  and  aldermen,  .  -  17 

PISTOLS,  firing  of,   relative  to.                         .                               .                .  48 

POLICE  COURTS,  power  of  Telative  to  intemperance,                .               .  38 
POLICE,  relative  to,                            .                .               .                .               .47, 48,  49 

POLL  TAX.  exemption  from,              .....  37 

POUND  KEEPERS,  their  duties  to  report,         .  .  .  .68,69 

POUNDS,  erection  of,        .                    .....  68 

POWDER,  (see  gunpowder,) 

PRODUCE  inspectors  of ;  power  to  make  by-laws  relative  to,      .               .  11 

United  States,  to  be  appointed  by  city,  ....  12 

PROPERTY,  qualifications  of  mayor  and  aldermen,          ...  11 

power  to  make  by-laws  relative  to  protection  of,    . 

PROPRIETORS  OF  LAND,  to  drain  and  fill  up  low  places,           .               .  19 

PUBLIC  GROUNDS,           ......  60 

PUMPS,  city,  engineer  to  inspect,        .....  53 

and  water  pipes  of  city,  damage  to,                        .                .                .  59 

QUORUM  of  common  council,  what  constitutes,                ...  26 

KACING  or  fast  driving  in  streets  prohibited,                  ...  70 

RAIL  ROADS,  power  to  make  by-laws  relative  to,                          .                .  26 
RANK  OF  CITY  OFFICERS,  of  same  class,  to  be  as  number  of  votes, 

REAL-ESTATE  OF  CITY,  hov?  transferred,          ....  12 

RECORDER  and  two  aldermen  to  constitute  eity  court, 

may  call  special  court,                 .               .  7 

to  have  same  power  as  justice  of  peace  in  civil  cases,            .               .  8 

appeal  from  judgment  of  city  court,  when  allowable,             .  8 
lees  in  trials  before,  processes  in  action  before,  how  taken,    . 

writs  before  how  served,          ...                                •  y 

to  be  chief  judge  of  city  court  instead  of  mayor,    ...  16 

to  have  all  judicial  powers  of  major,      ...  16 


84  INDEX. 

to  be  sworn  16  ;  election  of,                      ....  25 

REPEAL  OF  BY-LAWS,  prior  to  Sept.  1,  1857, 

by  superior  court,                      .....  27 

RESCUE  OF  ANIMALS  impounded,  and  resistance  to  haywards,                .  09 

RESERVOIRS  city,  engineer  to  inspect,  <fcc.      ....  53 

damage  to,  and  hydrants.           .....  59 

REVENUE,  power  to  make  by-laws  relative  to,                .               .               .  11 
relative  to,                 .....        5,11,37,49,50,51 

REWARDS,  common  council  authorized  to  offer,               ...  49 

RINGING  OF  BELLS,  power  to  regulate,                         .                .  27 

SACK  AND  BUCKET  COMPANIES,  members  of  exempt  from  }  „„ 

military  duty  and  commutation  tax.  [  * 

SEAL  OF  CITY,  to  be  used  in  transfer  of  real-estate  of  city,          .                .  12 

to  be  in  custody  of  mayor,  device  of,                       .                .  47 

SEWERS,  power  to  make  by-laws  relative  to,     ...  20 

common  council  may  construct  and  assess  cost  on  individuals,               .  32 

SHERIFFS,  power  of  ;  and  penalties  for  neglect  of  duty,       .      .                .  5.  D 

default  of ;  city  liable  for ;   to  give  bonds,               .  5 

how  prosecuted  for  neglect ;  may  be  fined,             .                .  9 

to  summon  jury,  9 ;   to  be  sworn,            ...  10 

election  of,                  ....  35 

to  serve  notices  of  meetings  of  common  council,  .                               .  40 

their  duties  and  powers,           .                 .  47 
to  have  command  of  police  force  of  city,  and  of  city  prison,  to  attend  upon       ) 
city  courts,  to  cause  bell  to  be  rung  for  city  meetings,  and  to  be  present  at  fires,  f   47 
to  attend  meetings  of  common  council,  &c.,     ) 

when  absent,  second  sheriff  to  act,                            ...  48 
to  give  bonds  ;  compensation  of,                       j 

to  wear  badge  at  fires,  &c.,        .                .  53 

SIDE-WALKS,  act  in  relation  to,      ....  2 

common  council  to  establish,  . 

proprietors  of  lands,  adjoining  to  grade  and  flag,  2 
common  council  to  apportion  expense,    . 
when   proprietors  neglect  to  build  or  improve, 

expense  of ;  how  collected,       .               .  3 

persons  aggrieved  in  relation  to  may  appeal.          .                .  3 

when  proprietor  is  non  resident  and  neglects  to  pay  assessment,  14 

assessment  for,  a  lien  on  land  and  buildings,   |  -,, 
warrant  of  distress,  similar  to  tax  warrant,    ] 

SIDE-WALKS,  width  of;  materials  lor,  &c..      .                .  «5 

driving  upon  prohibited,           .                .  67 

to  be  kept  free  from  obstructions  by  adjoining  owners,  68 

expense  of  clearing  to  be  paid  if  necessary  from  sity  treasurv  6S 
SLAUGHTER  HOUSES,  prohibited   in  city, 
SPECIAL  CONSTABLES,  how  appointed  their  duties,    ! 
to  be  sworn,  term  of  office,     .                  . 

penalty  for  resisting,                  .  22 
SPEED  OF  RAILROAD  TRAINS,  power  to  regulate, 

SQUARES,  public,  and  walks,  power  to  lay-out  &c  I2 

ST.,  JOHN'S  SQUARE,      .                .  60 
STREET  COMMISSIONER,  or  highway  surveyor,  act  relating  to    ! 
how  appointed,  his  duties,  to  give  bonds,  &.Q., 

compensation  of ;  to  report  annually,    .                                 .'  65 
to  direct  as  todeposite  of  building  materials,  &c.,  j 

and  removal  of  buildings  in  streets,                                   •               •  65 


INDEX. 


85 


to  take  notice  of  and  remove  street  nuisances,      ...  66 

to  obtain  consent  of  common  council  before  removing  buildings,     )  /.g 
or  fences  as  nuisances,                                                                          j     * 

to  have  supervision  of  public  grounds,                     ...  70 
STREETS,  squares,  and  highways,  power  to  make  by-laws  relative  to,           .        11,  26,  27 

marching  of  military  in,    power  to  make  by-laws  relative  to,                 .  112 

to  be  maintained  by  city,  tax  for,  and  apportionment  of  town  tax,        .  23 

expenditures  on,  how  made,    .....  24 

power  to  lay-out,  alter  or  extend,  discontinue  or  exchange,  .                .  28 

lay-out  of;  prohibited  unless  approved  by  common  council,                  .  28 

lay-out  of;  to  be  approved  by  city  meeting,   owners  of  laud  to  be  notified,  '/i> 

maybe  laid  out  by  committee  of  common  council,                .                .  2'J 

land  for,  to  be  obtained  by  agreement,  if  possible,  if  not  to  be  appraised,  29 

appraisers  for,   how  appointed,  to  be  sworn,           ...  29 

appraisers  to  notify  owners,  their  award  to  be  recorded,      .                .  30 

benefits  assessed  in  lay-out  of,  £c.,  not  to  exceed  damages,   .                .  30 

damages  to  be  paid  from  city  treasury,                    .                .  30 

benefits  assessed  for,  to  be  a  lien  on   land,  mode  of  collecting,            .  30 

survey  of ;  to  be  signed  uy  mayor  and  recorded,    .                .               .  30 

time  of  opening  to  be  fixed  by  common  council,  damages  first  to  be  paid,  30 
persons  aggrieved  by  lay-out  of,  &c.,  may  apply  to  superior  court  for  ) 
reappraisement,  power  of  court,  costs  how  paid, 
provision  for  widening  by  designating  line  for  erection  of  buildings, 
damages  to  bo  appraised, 

penalty  for  erecting  buildings  beyond  designated  line,           .  32 

discontinuance  of ;  lay-out  by  selectmen  prohibited,  41 

disturbance  in,           ......  43 

names  of,     ......  60.  63 

width  of  ;  lines  for  curbstones  and  trees  in,  and  lay-out    ) 
proceedings  relating  to,  to  be  recorded  in  separate  book,  j 

relative  to  repairs  of,  65 

obstructions  in ;  beacon  lights  to  be  placed,           .               .  65 

SWAMP  STREET,  changed    to  river  street,      ...  63 

SWINE,  relative  to  keeping  of,             .  ^ 

TAX  LIST,  assessors  duty,  &c.,            .  5o 

TAX   payers  to  be  notified  by  assessor,              .  50 
TAXES,    exemption  from,                   .               .               .                .                ^2,  36,  37, 38 

TAXES,  how   levied  and  collected,     .  5 

power  to  make  by-laws  relative  to,           .  H 
indirect  and  duties,  power  to  make  by-laws  relative  to, 

warrant  to  collector  ;  to  be  paid  as  collected,         .  51 

common  council  may  abate,        ...  51 

TELEGRAPH  LINES,  power  to  make  by-laws  relative  to.             .'  26 

THEATRICAL  EXHIBITIONS,  except  circuses,  regulation  of;  power  to  license,  40 

TOWN  OF  MIDDLBTOWN,  to  maintain  bridges  in  city  as  heretofore  24 

TRANSPORTATION  IN  CITY,  power  to  make  by-laws  relative  to,              .  26 

TREASURER,  election  of  ;  accountable  to  city,              .                .                .  4?  25 

his  term  of  office  and  power,     ...  '4 

to  receive  penalties  under  by-laws,           .                .  12 

to  have  custody  of  city  funds,  and  bo  sworn,  to  give  bonds,  ) 

to  collect  city  dues  except  taxes,  to  keep  account  of  receipts  and  >•     .  49 

expenditures  and  report  annually,  j 

to  preserve  papers  and  vouchers,  to  make  payments  on  order  of  mayor,  50 

to  present  collector  with  list  of  persons  liable  to  pay  taxes,                 .  50 

his  compensation,  and  duty  on  retiring  from  office,  50 

TREES  AND  THEIR  FRUITS,  power  to  make  by-laws  relative  to,'  11   26 

for  shade  in  the  streets,  to  be  approved  by  common  council,  '  65 

TRESPASSERS,  power  to  make  by-laws  relative  to,       .  27 


86  INDEX. 

detections  of,  &c.,        ......  49 

TRUCKMEN,  and  truck?,  power  to  licence  and  make  by-laws  relative  to,      .  26 

UNION  PARK,  relative  to ;   to  be  properly  enclosed,       .                               .  60,  70 


UNION  STREET, 

VALIDITY  OF  BY-LAWS, 

VEGETABLES,  relative  to  pale  and  doposite  of  in  streets, 

VEHICLES,  power  to  make  by-laws  relative  to, 

VESSELS,  anchoring  of;  power  to  regulate, 

•power  to  make  by-laws  relative  to  moving  and  mooring  of, 
VICTUALERS   common,   power  to  license, 
VOTERS,  qualification  of,          .... 

at  elections  to  be  checked  on  list, 

list  of;  to  be  perfected  by  common  council, 

list  of  to  be  perfected  by  city  clerk, 

VOTES,  when  equal  for  different  candidates,  choice  bow  made, 
VOTING  ILLEGALLY,  penalty  for, 


61 
27 
72 
26 
25 
26 
26 
4 
23 
23 
45 
5 

12,  27 
WALKS  AND  PUBLIC  SQUARES,  power  to  lay-out  by  by-laws.     . 

power  to  remove  obstructions  from,          ....  27 

WARDENS.  (Fee  fire  wardens,)  .....  31 

WARDS,  city,  description  of,  .....  56 

WARNING  OF  MEETINGS  power  to  make  by-laws  relative  to,  . 

of  city  meetings,  to  specify  object  of  meeting,        ...  61 

of  common  council  and  city  meetings,  power  to  make  by-laws  relative  to.  26 

WARRANTS  TO  COLLECTOR,          .....  5 

WARWICK.  Washington  and  William  streets  Cl ;  Water  street  ) 

and  Wetmore  place  62  :  Willys  and  West  street, 
WASHINGTON  SQUARE,  .  .  .  .  .  .  60,  70 

WATCH  powers  and  duties  of  to  be  defined  by  by-laws,  ...  12 

duties  of ;  penalties  for  resisting,  ....  21 

city,  power  to  make  by-laws  relative  to,  ... 

special,        ......  49 

WATCHMEN,  duties  of,        ......  4g 

WATER-WORKS  and  fixtures,  power  to  make  by-laws  relative  to,  .  27 

WATER  in  wells  and  streams,  penalty  for  injury  to,        .  .  .  72 

WELLS,  city,  engineer  to  inspect,      ....  53 

damage  to,  ....  59 

WHARVES,  power  to  make  by-laws  relative  to, 

WHISTLES,  steam,  relative  to,  .  48  49 

WIDENING  of  streets,  &c.,  provision  for,          .  .  '  31 

WOOD  for  side-walks  prohibited,        .  .  65 

WOODEN  buildings  prohibited  within  certain  limits. 

WRIT  of  error,         .'.....  g 

WRITS  on  processes  by  city  officers,  valid  only  within  limits  of  city, 
service  of;  when  returnable,    .... 

before  recorder  or  aldermen,  how  served,  .  .  9 


ERRATA. 

Page  4.  sec.  3,  lOlh  lino,  insert  (a)  after  the  word  same. 

Page  10,  last  line,  for  "  admistered  "  read  "  admit- idered." 

Page  12,  2Ut  line,  insert  "  (a)  "  after  -'dollars,"  audia  margin  opposite 

insert,  "(a)  see  see.  4,  act  1856." 

Page  15,  8ih  line  from  bottom,  for  '•  empowcd  "  read  empowered. 
Page  20.  l!)th  line  from  bottom,  for  "  barlib  "  read  heilih. 
Page  22,  2d  line,  for  "  Mlddietown"  read  Middlelou-n. 
Page  2(J.  insert,  in  margin  against  4th  section  the  word  quorum. 
Page  29,  llih  line  from  bottom,  f<.r  •'  upon"  read  btyond. 
Page  32,  ailvl  at  bottom  [accepted  by  the  city  of  MiiMletown,  Jan.  14th, 

and  the  acceptance  recorded  in  the  office  of  the  Secretary  of  State.] 
Pages  31  to  43,  for  •'  charter"  at  head  of  page,  read  general  acts. 
Page  31,  3d    line,  for  "compilation''  read  contpilation. 
Page  3"),  sec.  105,  4th  line,  omit  all  except  the  word  for. 
Page  :>7,  substitute  and  for  or  in  marginal  note  against  2d  section. 
Page  37,  12th  line  from  bottom,  for  "  1955"  read  1855. 
Page  47,  2d  line,  for '•  devise''  renA device. 
Page  48.  5lh  line  5th  section,  insert  after  "  of"  the  word  the. 
Page  49,  laat  line,  lor  "distinctively  "  read  distinctly. 
Page  al.  17th  line  from  bottom,  lor  "  to  the  "  read,  to  e'ich  of  the. 
Page  5.~>,  i!,~>th  lino,  after  the  word  "or"  Insert  fire  apparatus,  or  if  he. 
Pago   ">:*.  in* 'i  l.  at  beginning   of  23-J  line,  if  damage  be  done. 
Page  64.  4th  paragraph,  for  "westerly  "  read  northerly. 
Pd./f  tio.  ">tli  paragraph,  lor  "plain"  wad  plane. 
Page  6(J.  3d  line,  after  tbe  word  "council"  insert  >r. 
P.igi;  (>(>.  4l!i  liii'.-from  bottom,  lor  ••  commission  TS"  read  commissioner. 
Page  6G,  bottom  line,  for  "  sellngi  "  read  telling. 
Page  67,  20th  line,  for  "  suitable"  read  a  suitable. 
Page  68,  put  "  hay  wards  to  be  cworn  "  in  margin  opposite  sec.  16. 
Page  70,  sec  20,  4th  lin-,  for  -  backmen  "  read  hackman. 
Pago  72,  14th  lint;  from  bottom,  for  "repeated  "  read  bertpenled. 
Pig;  8  >,  Index,  Ittb  line,  -'guardians,  &c."  add  page  67,  68,  73» 
Page  81,    do.  16th    do.  "  masters,  &c."        do  page  C7,  68, 
Page  72.    do.  1st     do.  li  minors,  Ac."          do  page  67. 
Page  85.    do.  33d  line,  for  "river '' read  Vint. 


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